mi 

[CfonZ, :>rticultural Statutes 



H/7 



OF THE 



State of California 



Corrected to August 1, 1917 



Issued by the 

State Commissioner of Horticulture 

Sacramento, Cal. 





California 

State Printing Office 

1917 




Glass ^5 15^ ft " 3 



STATE OF CALIFORNIA 



Horticultural Statutes 



ALSO 



Quarantine Orders and Regulations 



AND 



List of State and County Horticultural 
Officers 



Corrected to August 1, 1917 




California 

State Printing Office 

1 & 1 7 



31789 



• O £* r\ & 



D. of D. 
OCT 2 \9\t 



CONTENTS. 



PAGE 

AN ACT RELATING TO THE STATE COMMIS- 
SIONER OF HORTICULTURE 5 

AN ACT RELATING TO THE COUNTY COMMIS- 
SIONER OF HORTICULTURE 16 

STATE QUARANTINE LAW 34 

AN ACT RELATING TO THE SHIPMENT OF 
INJURIOUS INSECTS THROUGH OR INTO THE 
STATE OF CALIFORNIA 41 

QUARANTINE ORDERS 43 

QUARANTINE REGULATIONS 67 

FRESH FRUIT STANDARDIZATION LAW 72 

APPLE STANDARDIZATION LAW „ 82 

CERTIFIED SEED POTATO LAW 91 

DATE PALM LAW „ 94 

ACT RELATING TO THE PACKING AND SALE OF 
RAISINS _ 95 

ACT RELATING TO JOHNSON GRASS 96 

INSECTICIDE AND FUNGICIDE LAW 97 

ACT RELATING TO THE PROPER NAMING OF 
NURSERY STOCK 107 

ACT PROHIBITING THE SALE OF TREES UNDER 
FALSE NAME - 108 

OFFICERS OF THE STATE COMMISSION OF 
HORTICULTURE 109 

STATE BOARD OF HORTICULTURAL EXAMINERS 110 
LIST OF COUNTY HORTICULTURAL COMMIS- 
SIONERS, THEIR DEPUTIES AND INSPECTORS 110 
APPENDIX. 

Order op the Postmaster General relating to 
the terminal inspection of plants and plant 
products 118 

Inspection points for plants and plant products 
addressed to post offices in california 120 

INDEX 123 



CALIFORNIA. 

Statutes and Quarantine Orders 

Relating to Horticulture. 

In force July 27, 1917. 



AN ACT RELATING TO THE STATE 
COMMISSIONER OF HORTICUL- 
TURE. 

[Approved May 17, 1917. In effect July 27, 1917.] 

The people of the State of California do enact 
as follozvs: 

2319 [Political Code]. The state commis- Commis- 
sioner of horticulture of California shall be a£ 10 r "|'" of 
citizen and resident of this state, and his term culture, 
shall be for four years, and until his successor appoint- 
is appointed and qualified. The governor may"™' 
remove such commissioner from office at any etc. ' 
time upon filing with the secretary of state a 
certificate of removal signed by the governor. 
In the case of vacancy in said office by death, 
resignation, removal from office, or other cause 
the governor shall fill the vacancy for the un- 
expired term. In appointing such commis- 
sioner and his successor or successors, it shall 
be the duty of the governor to disregard polit- 
ical affiliations, and to be guided in his selection 
entirely by the professional and moral qualifi- 
cations of the person so selected for the per- 
formance of the duties of said office. Said 
commissioner shall be a civil executive officer. 
The salary of said commissioner shall be four Salary, 
thousand dollars per annum, and he shall be 
allowed his traveling and incidental expenses 
necessary in the discharge of his duties. ForAppoint- 
the direction and accomplishment of his work ees - 
the said commissioner may and is hereby em- 
powered to appoint certain deputies, secretary, 



6 HORTICULTURAL STATUTES. 

Appoint- quarantine officers, superintendents, assistants, 
and clerk as hereinafter provided, who shall 
hold office at the pleasure of said commissioner 
and perform any and all duties pertaining to 
their office or employment which the said com- 
missioner may require of each of them, and 
may be removed from office or position at any 
time by said commissioner filing with the sec- 
retary of state a certificate signed by said 
commissioner so removing such deputy, secre- 
tary, quarantine officer, superintendent, assist- 
ant, or clerk. The traveling and other neces- 
sary expenses incurred by the officers and 
employees herein provided for in the per- 
formance of their duties shall be paid from 
the funds appropriated for the support of the 
office of the state commissioner of horticul- 
Divi- ture. Said commissioner may arrange his 
sions of office into three divisions, to wit : executive 
office, quarantine division, insectary and path- 
ological division. 
Deputy Said commissioner shall appoint a deputy 
commis- commissioner who shall be an expert entomol- 
ogist and horticulturist, and who shall per- 
form such duties as may be required of him 
by said commissioner, and shall be acting 
commissioner in the absence of the commis- 
sioner. Such deputy commissioner shall receive 
a salary of two thousand seven hundred dol- 
Field lars per annum. Said commissioner shall ap- 
dcputies. p i n t two field deputies, each of whom shall 
be versed in horticulture and have a practical 
knowledge of the methods of control of insect 
pests and plant diseases. Said field deputies 
shall receive a salary of two thousand dollars 
Secre- per annum each. Said commissioner shall 
tary. appoint a secretary who shall be a civil execu- 
tive officer. Said secretary shall perform all 
such duties as may be required of him by said 
commissioner. Such secretar}^ shall receive a 
salary of two thousand seven hundred dollars 
Clerk, per annum. Said commissioner shall appoint 



HORTICUI/TURAI, STATUTES. 

a clerk whose salary shall be one thousand six 
hundred dollars per annum. The main office Office, 
of such commissioner shall be at the city of 
Sacramento. 

The secretary of state shall furnish and set 
aside, at the capitol, rooms suitable for offices 
for said commissioner, and if the secretary of 
state shall make and file an affidavit with the 
said commissioner stating that it is not pos- 
sible for him, as such secretary of state, to 
provide and set aside an office for said com- 
missioner in the capitol or in any state build- 
ing under his control, because there is no such 
office or rooms available, then, and after the 
making and delivery of such affidavit to such 
commissioner, the said commissioner may rent 
rooms convenient and suitable for his offices 
at a rental not to exceed one thousand dollars 
per year. The office of said commissioner 
shall be kept open every day except holidays. 
Said commissioner may also keep and main- 
tain an office in the city and county of San 
Francisco adequate to the purposes and re- 
quirements of the quarantine division, at a 
yearly rental not to exceed the sum of seven 
hundred fifty dollars. Said commissioner Chief 
shall appoint a chief deputy quarantine officer, deputy 
who shall be a skilled entomologist and par-^ ran " 
ticularly conversant with the nature of foreign officer, 
insect pests and plant diseases and effective 
means of preventing their introduction, and 
shall have charge of the work of the quaran- 
tine division provided for in this section of 
this act. Such chief deputy quarantine officer 
shall receive a salary of two thousand seven 
hundred dollars per annum. Said commis- Deputy 
sioner shall appoint two deputy quarantine quaran- 
officers who shall be competent entomologists J*™; 
for the purpose of quarantine work. Such 
deputy quarantine officers shall each receive a 
salary of one thousand eight hundred dollars 
per annum. Said commissioner shall also 



O HORTICULTURAL STATUTES. 

Insec- properly maintain and operate the state insec- 
tary located on the state capitol grounds in 
Sacramento from funds provided by law for 
Superin- such purpose, and shall appoint for the work 
tendent f the insectary division a superintendent of 
insec- the insectary, who shall be an expert entomol- 
tary. ogist able to perform all the necessary duties 
with reference to the importation, rearing and 
distribution of beneficial insects. The salary 
of the superintendent of the state insectary 
shall be two thousand seven hundred dollars 
Assist- per annum. Said commissioner shall appoint 
mit . an assistant superintendent of the insectary, 
tendent who shall be an economic entomologist, at a 
insec- salary of one thousand eight hundred dollars 
tary. p er annum. Said commisioner shall appoint 
Field a field deputy for the insectary division, who 
deputy. s } ia u j-jg a practical entomologist and whose 
salary shall be one thousand eight hundred 
dollars per annum. The salaries of all the 
officers above mentioned shall be paid at the 
same time and in the same manner as the 
Tempo- salaries of other state officers. Said commis- 
deputies. sioner may also appoint such assistants from 
' time to time as may be required and such 
assistants shall receive such reasonable com- 
pensation as may be fixed by said commis- 
sioner. 
Duties 2319a. It shall be the duty of the state 
ci:mmis- commissioner of horticulture to promote and 
sioner of protect the plant industry of the state ; to pre- 
horti- vent t h e introduction and spread of injurious 
insect or animal pests, plant diseases and 
noxious weeds ; to cause to be put into execu- 
tion such horticultural laws of a regulatory 
nature as are written into the statutes, and to 
introduce and distribute such insects as are 
useful in reducing the cost of crop production. 
Such commissioner shall collect books, pam- 
phlets and periodicals and other documents 
containing information relating to horticulture 
and shall preserve the same ; collect statistics 



HORTICULTURAL STATUTES. i 

and other information showing' the actual con- Duties 

• • • of 

dition and progress of horticulture in this comm j s _ 
state and elsewhere; correspond with horti- soner of 
cultural societies, colleges and schools, and ho ^ i- 
with the county horticultural commissioners 
existing or that may exist in this state, and 
with all other persons necessary to secure the 
best results to horticulture in this state. He 
shall require reports from county horticultural 
commissioners in this state, and may print the 
same or any part thereof as he may select, 
either in the form of bulletins or in his annual 
reports or both, as he shall deem proper. He 
shall issue and cause to be printed and dis- 
tributed to county horticultural commissioners 
in this state, and to such other persons as he 
may deem proper, bulletins or statements con- 
taining all the information best adapted to ad- 
vance the interest, business and development 
of horticulture in this state. Such commis- 
sioner shall be deemed to be the state horti- gt a te 
cultural quarantine officer mentioned in thathorti- 
certain act entitled "An act for the protection J^Jj^ 
of horticulture and to prevent the introduction tine 
into this state of insects, or diseases, or ani- officer, 
mals injurious to fruit or fruit trees, vines, 
bushes or vegetables, and to provide for a 
quarantine for the enforcement of this act," 
which became a law under constitutional pro- 
visions without the governor's approval on 
March 11, 1899, for the purposes of that act, 
and shall be empowered to perform the duties 
which under that act are to be performed by 
the state horticultural quarantine officer ; pro- 
vided, that in any case where it shall become 
necessary in the judgment of the state com- 
missioner of horticulture to quarantine a 
county or district within the state against 
another or other county or counties or dis- 
tricts within the state, or to quarantine the 
state or a county or district of the state 
against another state or a foreign country or 



HORTICULTURAL STATUTES. 

countries then it shall be necesary that said 
quarantine shall be made by and with the 
approval of the governor as provided in this 
chapter. 

The state commissioner of horticulture may 
issue commissions as quarantine guardians to 
the county horticultural commissioners, dep- 
uties and inspectors appointed by them. 

231%. Said commissioner may, by and with 
the approval of the governor, establish, main- 
tain and enforce such quarantine regulations 
as may be deemed necessary to protect the 
nurseries, trees, shrubs, plants, vines, cuttings, 
grafts, scions, buds, fruit-pits, fruit, seeds, 
vegetables or other articles of horticulture, 
against contagion or infestation by injurious 
plant disease, insects, or animal or weed pests, 
by establishing such quarantine at the bound- 
aries of this state or elsewhere within the 
state, and he may make and enforce, with the 
approval of the governor, any and all such 
rules and regulations as. may be deemed neces- 
sary to prevent any infected or infested stock, 
tree, shrub, plant, vine, cutting, graft, scion, 
bud, fruit-pit, fruit, seeds, vegetable or other 
article of horticulture, from passing over any 
quarantine line established and proclaimed 
pursuant to this act, and all such articles shall, 
during the maintenance of such quarantine, be 
inspected by such commissioner or by deputies 
appointed in writing by said commissioner, 
and he and the deputies so conducting such 
inspection shall not permit any such article to 
pass over such quarantine line during such 
quarantine, except upon a certificate of inspec- 
tion signed by such commissioner or in his 
name by such deputy who has made such in- 
spection. All approvals by the governor given 
or made pursuant to this act shall be in writ- 
ing and signed by the governor in duplicate, 
and one copy thereof shall be filed in the office 
of the secretary of state and the other in the 



HORTICULTURAL STATUTES. 11 

office of said commissioner before such ap- 
proval shall take effect. 

2319c. Upon information received by such I . nfec " 
commissioner of the existence of any infec- diseases, 
tious plant disease, insect, or animal or weed et c. 
pest, dangerous to any article, or to the in- 
terests of horticulture within this state, or 
that there is a probability of the introduction 
of any such infectious plant diseases, insect or 
animal or weed or other pests, into this state or 
across the boundaries thereof, he shall pro- 
ceed to thoroughly investigate the same and 
may establish, maintain and enforce quaran- M ay 
tine as hereinbefore provided, with such regu-^ " 
lations as may be necessary to circumscribe quaran- 
and exterminate, eradicate or control such in- tine - 
fectious plant diseases, insects or weed or 
other pests, and prevent the extension thereof, 
and is hereby authorized to enter upon any 
ground or premises to inspect the same or to 
inspect any tree, shrub, plant, vine, cutting, 
graft, scion, bud, fruit-pit, fruit, seed, vegetable 
or other article of horticulture or implement 
thereof or box or package pertaining thereto, 
or connected therewith or that has been used 
in packing, shipping or handling the same, and 
to open any such package, and generally to do, 
with the least injury possible under the con- 
ditions to property or business, all acts and 
things necessary to carry out the provisions 
of this chapter ; and provided, further, that no 
quarantine shall be established, maintained or 
enforced for the protection of nurseries, trees, 
shrubs, plants, vines, cuttings, grafts, scions, 
buds, fruit-pits, fruit, seeds, vegetables or 
other articles of horticulture, against con- 
tagion or infection by injurious disease, in- 
sects or pests, except by such commissioner 
and in the manner in this section provided. 



12 HORTICULTURAL STATUTES. 

Pests 2319c?. Upon the discovery of any infec- 

reported tious plant disease, injurious insects or weed 
to or other pests, such commissioner shall imme- 

county diately report the same to such quarantine 
cultural guardians or county horticultural commis- 
commis- sioners of the counties wherein such discovery 
sioners. j s ma ^ ej together with a statement as to the 
best known means or method for circumscrib- 
ing, exterminating, eradicating or controlling 
the same, and shall state therein specifically 
what treatment or method should be applied 
in each case, as the matter may require, with 
a detailed statement or prescription as to the 
method of making or procuring and of apply- 
ing any preparation or treatment so recom- 
mended therefor, and the time and duration 
for such treatment, and if chemicals or 
articles be required other than those usually 
obtainable in any town, the place or places 
where they are most readily to be obtained ; 
and upon the receipt of such statement by any 
quarantine guardian or county horticultural 
commit- comm i ss i° ner it shall be the duty of such 
sioners. quarantine guardian or county horticultural 
commissioner to distribute such statement in 
written or printed form to every person own- 
ing or having charge or possession of any 
orchard, nursery stock, tree, shrub, plant, 
fruits or other article of horticulture within 
their county, where there may be or is likely 
to be any danger to the interests of horticul- 
ture, and such a statement must be served 
with or be a part of the notice to be given 
to the owner or owners or person or persons, 
in possession of any orchard, nursery, tree, 
shrub, plant, fruits or other articles of horti- 
culture, referred to, provided for, and required 
to be served in and by section two thousand 
three hundred twenty-two a of the Political 
Code of the State of California. 



HORTICULTURAL STATUTES. 13 

2319c. Whenever it shall be necessary to state . 
establish quarantine under this chapter, if sioner IS ~ 
there be any authorities or officers of the to coop- 
United States having authority to act in such er .^ e 
matter, or any part thereof, the said state united 
commissioner of horticulture shall notify such States 
authorities or officers of the United States, j^or- 
seeking their cooperation as far as possible 
wheresoever the jurisdiction of the United 

States extends and is being exercised. The?", 
• i • • in • t 1 notify 

said commissioner shall at once notify the governor 

governor of all quarantine lines established of 

under or pursuant to this chapter, and if the^ an " 

governor approve or shall have approved of lines. 

the same or any portion thereof the same 

shall be in effect and the governor may issue 

his proclamation proclaiming the boundaries 

of such quarantine and the nature thereof, 

and the order, rules or regulations prescribed 

for the maintenance and enforcement of the 

same, and may publish said proclamation in 

such manner as he may deem expedient to 

give proper notice thereof. 

2319/ r . The said state commissioner shall be State 
ex officio a county commissioner of horticul- g?™™ ls " 
ture wherever such county commissioner has ex officio 
been appointed or may hereafter be appointed county 
or exist in this state pursuant to law, when-g™ r * s ~ 
ever he is present and acting with said county 
horticultural commissioner within such county 
where such commissioner has been appointed. 

2319g. It shall be the duty of the superin- Printing, 
tendent of state printing to print and deliver 
to the state commissioner of horticulture, upon 
the written request of said commissioner, all 
such bulletins, orders, rules, regulations, state- 
ments, reports and other printed matter, as 
the said commissioner may deem necessary to 
have and use for carrying out the purposes of 
this chapter, and it shall be the duty of the 
secretary of state to cause to be prepared and 



14 HORTICULTURAL STATUTES. 

furnished to such state commissioner all sta- 
tionery, paper, blank forms, envelopes, and 
writing material needful and convenient for 
use in the office of such commissioner, 
reports. 231%. It shall be the duty of the state 
commissioner of horticulture to report in the 
month of January in each even-numbered year 
to the governor, and in each odd-numbered 
year to the legislature of this state the horti- 
cultural conditions of the state with statistics 
regarding the same, the efficiency of the work 
of the county horticultural commissioners of 
the state and such other matters as he may 
deem expedient or as may be required either 
by the governor or legislature, and to include 
a statement of all the persons employed and 
moneys expended under this chapter by item- 
ized statement thereof. 
Nursery- 2319/. Any nurseryman, agent, jobber, per- 
mento son? fi rm or organization operating in the 
with e ' State of California, who ships, sells or handles 
state m nursery stock, trees, plants, shrubs or vines 
s°(raerof wn ^ cn are f° r Panting or propagation pur- 
horti- poses within the borders of this state, shall 
culture, register with the state commissioner of horti- 
culture and shall pay the same one dollar for 
such registration for a period of one year. 
The state commissioner of horticulture shall 
issue to each applicant a special license num- 
ber, and all shipments by such licensee shall 
have his license number affixed to the package 
of nursery stock, trees, plants, shrubs or vines 
for planting or propagation purposes ; pro- 
vided, however, that an agent or agents acting 
as salesman for a nurseryman, jobber, person, 
firm or organization shall not be granted a 
license number but shall be required to use 
the license number assigned the nurseryman, 
jobber, person, firm or organization by whom 
such agent or agents are employed. 

2319/. Any ■ nurseryman, jobber, person, 
firm or organization doing business without 



HORTICULTURAL STATUTES. 15 

the State of California who desires to ship Permits 
nursery stock, trees, plants, vines, or shrubs ^gj?, 
into this state for planting or propagation pur- stock 
poses from any other state, territory or dis-j^P 
trict of the United States, shall first make fo a rn \~ a 
application to the state commissioner of horti- issued by 
culture for a permit to so do, filing with the state . 
application a statement of the location of the S i 0ner f 
nursery, or place of business owned orhorti- 
operated by him or them, and an official cer- culture - 
tificate of inspection of such premises signed 
by the state inspector of the state in which 
said premises are located. Permits herein 
provided shall be issued by the state com- 
missioner of horticulture upon request and 
without making any charge therefor whenever 
in his judgment such permits may be issued 
without endangering the horticultural interests 
of this state Such permits shall bear a 
special number, and all shipments thereafter 
made by any nurseryman, jobber, person, firm 
or organization into the State of California 
must contain this number affixed to the pack- 
age of nursery stock, trees, plants, vines or 
shrubs shipped by him. 

2319k. Any person wilfully refusing to Penalty, 
comply with orders lawfully made under and 
pursuant to this chapter shall be guilty of a 
misdemeanor, and upon conviction shall be 
fined not to exceed five hundred dollars. 

2319/. All moneys paid hereunder shall be Payment 
paid by the state treasurer from moneys of ex ~ 
appropriated for the support of the office of pense " 
state commissioner of horticulture, and ex- 
penses other than the salary of the commis- 
sioner, the compensation of his deputies, sec- 
retary, quarantine officers, superintendents, 
assistants, and clerk, as allowed and provided 
by this chapter, must be certified by the said 
commissioner and be approved by the state 
board of control before being audited and 
paid. 



16 HORTICULTURAL STATUTES. 



AN ACT RELATING TO THE COUNTY 
COMMISSIONER OF HORTICUL- 
TURE. 

[Approved May 17, 1917. In effect July 27, 1917.] 

The people of the State of California do enact 
as follows: 

tfsu 1 "?- • 2322 [ p ° litical Code]. Whenever a petition 
visors. i s presented to the board of supervisors of 
any county or city and county, and signed by 
twenty-five or more persons each of whom is 
a resident freeholder and possessor of an 
orchard, or greenhouse or nursery, or rice 
fields, stating that certain or all orchards or 
nurseries or trees or plants of any variety or 
rice fields, are infested with any infectious 
diseases, or insects of any kind injurious to 
fruit, fruit trees, vines or other plants or 
vegetables, or that there is growing therein 
the Russian thistle or saltwort (Salsola kali 
var. tragus), Johnson grass (Sorghum hale- 
pense) or other noxious weeds, or red rice, or 
water-grasses or other weeds or grasses detri- 
mental to rice culture, codlin moth or other 
insects, ground squirrels, gophers or other ani- 
mals that are destructive to trees and plants ; 
or that serious pests, plant diseases injurious 
to fruit, fruit trees, vines, or other plants or 
vegetables, or noxious weed seed are being 
shipped into the county which would cause 
damage or be liable to cause damage to the 
orchards, vineyards, gardens or farms of the 
county or state ; and praying that a commis- 
sioner be appointed by them whose duties 
shall be to supervise the eradication, the con- 
trol, or the destruction of said insects, ground 
squirrels, gopher or other animals, diseases or 
Russian thistle or saltwort, Johnson grass or 
other noxious weeds, or red rice, water-grasses, 
or other weeds or grasses detrimental to rice 



HORTICULTURAL STATUTES. 17 

culture, when growing in fields of rice or 
fields adjacent thereto, or in canals or ditches 
used for the purpose of conveying water to 
rice fields for the irrigation thereof, as herein 
provided, the board of supervisors shall imme- List of 
diately notify the state board of horticultural ^j^ 
examiners to furnish them a list of eligibles 
or competent persons as hereinafter provided, 
and from such list the said supervisors shall 
appoint a commissioner in accordance with 
the provisions of this chapter, whose term of 
office shall be for four years and until his 
successor shall be appointed and qualified and 
who shall give a bond in the sum of one thou- 
sand dollars for the faithful performance of 
his duties. The said term of office of any and Term of 
all county commissioners heretofore or herein- count ^ 
after appointed shall commence on the date of S i oner> b 
appointment, and be for a period of four years 
and until his successor shall be appointed and 
qualified, at the end of which period the said 
term shall terminate, and said term shall run 
with and be attached to said office. In anyPeti- 
case where such petition has already been P re- a]?eadv 
sented or submitted, or is on file at the time pre - 
of the passage of this act, as the basis for the sented. 
appointment of a board of horticultural com- 
missioners under this chapter as heretofore 
existing, such petition shall continue in full 
force and effect and the board of supervisors 
of any county, or city and county with which 
any such petition has been filed, or in which 
any board of horticultural commissioners has 
heretofore existed, must appoint a county hor- 
ticultural commissioner. The person appointed Comnris- 
to such position must be especially qualified ^°^ r 
for his duties and must be chosen and ap- quali- 
pointed by the board of supervisors from af^d 
list of eligible persons recommended and 
nominated to said board as hereinafter pro- 
vided. Said appointment to be made within 
thirty days after receipt of said list by said 

2—31789 



18 HORTICULTURAL STATUTES. 

Other board of supervisors ; provided, this act shall 
acts in no wise affect any other act or acts pro- 
n ff t t a vising f° r the destruction of ground squirrels 
or applying to the proceedings thereunder, but 
it is intended to and does provide the alterna- 
tive system of proceedings for the extermina- 
tion of ground squirrels and gophers referred 
to in this act ; and it shall be within the dis- 
cretion of the governing body of each county, 
city and county, city or town herein men- 
tioned to provide for the destruction of ground 
squirrels whether under the provisions of this 
act or under the provisions of such other act 
or acts ; but when any proceedings are com- 
menced under this act, the provisions of this 
act, and of such amendments as may hereafter 
be adopted, and no other, shall apply to all 
such proceedings and any provision contained 
in any other act or acts in conflict with the 
provisions hereof shall be void and of no 
effect as to the proceedings commenced under 
the provisions of this act. 
Office The said board of supervisors shall provide 

and ex- a suitable office for the said county horticul- 
pci:ses. ^ ura j commissioner, and shall furnish and 
equip the said office with all necessary furni- 
ture and effects for the proper discharge of 
the commissioner's duties. The said board of 
supervisors may also provide the county horti- 
cultural commissioner with all necessary field 
equipment for the proper discharge of the 
duties of his office. All expense ordered by 
the board of supervisors for such office, furni- 
ture and equipment, and for stenographic and 
other office help and expense shall be a county 
charge and the board of supervisors shall 
allow and pay the same out of the general 
Board of fund of the county. A state board of horti- 
horti- cultural examiners is hereby created consist- 
exam-* 11 * ng °^ t ^ ie dean °^ ^ ie agricultural college of 
iners. the University of California, the state com- 
missioner of horticulture and the superintend- 



HORTICULTURAL STATUTES. 19 

ent of the state insectary, who are ex officio 
members of said board. They shall serve 
without pay and said board shall provide con- 
venient means for the examination of candi- 
dates for appointment as horticultural com- 
missioner. While in the performance of their Ex- 
duties as members of said board they shall be peRses * 
allowed all their necessary expenses for travel- 
ing, printing, postage and other incidental 
matters to be paid out of any appropriations 
made for the support of the office of the state 
commissioner of horticulture. At least thirty Notice of 
days before the date of the examination ofj? 8 ™ 01 " 
candidates for the said appointment the state 
board of horticultural examiners shall post or 
cause to be posted in three public places in 
said county a notice of the time and place at 
which such examination will be held, setting 
forth the conditions and subjects of said ex- 
amination. At the time and place stated in 
said notice such examination shall be held. 
Said examination shall be in writing and the 
board of horticultural examiners may appoint 
one of their own number, or some other re- 
liable, competent person to conduct the holding 
of such examination in each county and for- 
ward the papers of each applicant to the board 
for consideration. Within twenty days after List of 
the examination is held said examiners shall pp^n tg 
certify to the board of supervisors of the 
county, or city and county for which the ex- 
amination was had, the names of such persons 
examined as they deem competent and quali- Boar( j f 
fied for the office and from the list of names horti- 
so certified the supervisors shall, within thirty cultural 
days after the receipt of said list of names, ^ s " to 
appoint a horticultural commissioner. appoint 

If for any reason the board of supervisors £[ r ^™ is " 
refuse or neglect to appoint a county horticul- ' w hen 
tural commissioner at the expiration of the super- 
thirty days, or if they refuse or neglect to j.* s fu r s s e 
appoint a county horticultural commissioner to do so. 



20 HORTICULTURAL STATUTES. 

Board of to fill an unexpired term as elsewhere pro- 
cultural vided in this act, then the state board of horti- 
exam- cultural examiners shall select and appoint a 
inersto county horticultural commissioner from the 
commds- nst °f qualified persons certified to the board 
sioner of supervisors of that county, whose term of 
when office shall be for four years, and until his suc- 
visors" cessor has qualified. Whenever the state 
refuse board of horticultural examiners shall appoint 
to do so. a coun ty horticultural commissioner as herein 
provided, then the county board of supervisors 
must provide for -the payment of such ap- 
pointee's compensation and expenses in the 
same manner as if such appointment had been 
made by the board of supervisors. As far as 
possible the board of horticultural examiners 
shall consult the resident horticulturists of the 
county in determining the responsibility and 
moral qualifications of candidates for appoint- 
ment as commissioners and whose names they 
certify to the boards of supervisors of the 
When no several counties. If no personor persons pre- 
one r sent themselves for examination before said 
fjes! 1 " board of horticultural examiners or if after 
such examination no person is found qualified, 
the state board of horticultural examiners shall 
name five competent persons and certify them 
to the board of supervisors and from these 
names the board of supervisors shall, within 
thirty days after the receipt thereof, appoint a 
county horticultural commissioner, and in such 
event the commissioner so appointed shall 
Vacancy, hold office for the term of one year. In case 
of vacancy in the office of horticultural com- 
missioner the vacancy shall be filled first from 
the list of eligibles certified to the board of 
supervisors under the provisions of this chap- 
ter, and if there be no person named on the 
said list of eligible persons as in this section 
first above provided, then said vacancy shall 
be filled from the list of competent persons 
named as in this section last above provided, 



HORTICULTURAL STATUTES. 21 

and if said vacancy shall be filled from the 
said list of eligibles, the said person so ap- 
pointed shall hold for the balance of the unex- 
pired term, but if the said vacancy be filled 
from the said list of competent persons, the 
said person shall hold for the balance of the 
unexpired term, if the said unexpired term be 
not longer than one year, but if said unexpired 
term be longer than one year then such person 
shall not by virtue of such appointment hold 
longer than one year from the date of his ap- 
pointment. 

At the expiration of the term of office of New list 
the county horticultural commissioner, the ^ijjeg to 
state board of horticultural examiners shall be pro- 
submit to the board of supervisors of that v * de . d at 
county where such term shall have expired a t j* ORO f 
new list of qualified persons who shall have term of 
qualified before said board of horticultural ° fflce ?*_ 
examiners by examination as provided in this sioner. 
section, such list to include without further 
examination any person who has previously 
qualified before the state board of horticultural 
examiners, and who has held office as county 
horticultural commissioner or deputy horti- 
cultural commissioner for a term of at least 
two years immediately preceding the expira- 
tion of the term of county horticultural com- 
missioner and in the county where such term 
shall have expired. 

Whenever elsewhere in the laws of this state 
reference is made to a county board of horti- 
cultural commissioners such reference must be 
understood to mean or relate to the county 
horticultural commissioner herein provided for Ccjnty 
and said county board of horticultural com- j^£ of 
missioners and the members thereof shall cultural 
cease to exist ; provided^ that all county boards coiumis- 
of horticultural commissioners existing at the f£™™ 
time of the passage of this act shall continue seded. 



22 



HORTICULTURAL STATUTES. 



Removal 
cf 



in office, with full power as heretofore exist- 
ing until the election or appointment to suc- 
ceed them of a county horticultural commis- 
sioner under the provisions of this act. 

Upon the petition of twenty-five resident 
Q1S . freeholders each of whom is possessed of an 
sioner. orchard, greenhouse or nursery, the state 
board of horticultural examiners may dis- 
qualify a county horticultural commissioner 
for neglect of duty or malfeasance in office 
after a hearing of the petition. Such hearing- 
must be held at the county seat of the county 
where such petition is filed, and notice in writ- 
ing of the time and place of such hearing and 
a copy of the petition must be served on the 
accused horticultural commissioner at least ten 
days prior to the date of said hearing. At 
such hearing the state board of examiners 
shall hear such evidence as is offered and 
thereafter make an order, either sustaining or 
disqualifying the accused. In case of such dis- 
qualification the board of supervisors of the 
county where the county horticultural com- 
missioner has been disqualified shall upon the 
request of the state board of horticultural 
examiners remove said commissioner of horti- 
culture and shall immediately proceed to fill 
the said office for the unexpired term as in 
cases of vacancy as hereinbefore provided. 

2322a. It shall be the duty of the county 
horticultural commissioner in each county, 
whenever he shall deem it necessary to cause 
an inspection to be made of any premises, 
orchards or nurseries, or trees, plants, vege- 
tables, vines or fruits, or any fruit-packing 
house, storeroom, salesroom, or any other 
place or article in his jurisdiction, and if 
found infected or infested with infectious dis- 
eases, scale insects, or codlin moth, or other 
insect or animal pests injurious to fruits, 
plants, vegetables, trees or vines, or with their 
eggs or larvae, or if there is found growing 



vNotice 

to 

owners 

to 

destroy 

nests. 



HORTICULTURAL STATUTES. 23 

thereon the Russian thistle or saltwort, John- Noti ce 
son grass or other noxious weeds, or red rice, c ^ ners 
water-grasses or other weeds or grasses detri-to 
mental to rice culture, he shall in writing destroy 
notify the owner or owners, or person or per- pcs ' 
sons in charge, or in possession of the said 
places or orchards or nurseries, or trees or 
plants, vegetables, vines, or rice fields, or fields 
adjacent to rice fields, or canals or ditches 
used for the purpose of conveying water to 
rice fields for the irrigation thereof, or fruit, 
or article as aforesaid, that the same are in- 
fected or infested with said diseases, insects, 
animals or other pests, or any of them or their 
eggs or larvae, or that the Russian thistle or 
saltwort, Johnson grass or other noxious 
weeds, or red rice, water-grasses or other 
weeds or grasses detrimental to rice culture, 
is growing thereon, and require such person 
or persons, to eradicate, or destroy or to con- 
trol, to the satisfaction of the county horticul- 
tural commissioner the said insects, animals or 
other pests, or their eggs or larvae, or Russian 
thistle or saltwort, Johnson grass or other 
noxious weeds or red rice, or water-grasses, 
or other weeds or grasses detrimental to rice 
culture, within a certain time to be therein 
specified. Said notices may be served upon Service 
the person or persons, or either of them, own-°f. 
ing or having charge, or having possession of 
such infested place or orchard or nursery, or 
trees, plants, vegetables, vines, or fruit, or 
articles, as aforesaid, or premises where the 
Russian thistle or saltwort, Johnson grass or 
other noxious weeds or red rice, water-grasses, 
or other weeds or grasses detrimental to rice 
culture, shall be growing, or upon the agents 
of either, 03^ any commissioner, or by any per- 
son deputed by the said commissioner for that 
purpose in the same manner as a summons in 
a civil action. In case infectious diseases, 
scale insects, codlin moth, or other insect or 



24 HORTlCUIvTURAI, STATUTES. 

Service animal pests injurious to fruit, plants, vege- 
notke tables, trees, or vines, or their eggs, or larvae, 
where are found to exist on trees or shrubs in public 
pests parks or along streets,- highways, or other 
public property subject to the control of a city or 
lands. county government, or if there is found grow- 
ing in any public park, street, highway or on 
other property subject to the control of a city 
or county government any Russian thistle, or 
saltwort, Johnson grass, or other noxious 
weeds, or red rice,- water-grasses, or other 
weeds or grasses detrimental to rice culture, 
when said public park, street, highway, or 
other property subject to the control of the 
city or county government is adjacent to rice 
fields, or canals or ditches used for the pur- 
pose of conveying water to rice fields for the 
irrigation thereof, then said notice in writing 
shall be served on the chairman of the govern- 
ing body of said city or county, and in case 
the work of eradication, or of control, or of 
destruction of the said pests, diseases, or 
noxious weeds in the said public parks, streets, 
highways, or other public property shall be 
performed by the county horticultural com- 
missioner, then the cost thereof shall become 
a city or county charge, as the case may be, 
and shall be paid from the general fund of 
said city or county; provided, however, that if 
any such infected or infested articles, property 
or premises as hereinabove specified belong to 
any person who is not a resident of the 
county, and there is no person in control or 
possession thereof, and such nonresident per- 
son has no tenant, bailee, depositary or agent 
upon whom service can be had ; or if the 
owner or owners of any such articles, property 
or premises can not after due diligence be 
found, then such notice may be served by 
posting the same in some conspicuous place 
upon such article, property or premises, and 
by mailing a copy thereof to the owner thereof 



HORTICULTURAL STATUTES. 25 

at his last known place of residence, if the 
same is known or can be ascertained; or if 
not known then to the county seat of the 
county wherein said property is situated. Any l '«blic 
and all such places, or orchards, or nurseries, ar;ceS) 
or rice fields or fields adjacent to rice fields, what 
or canals or ditches used for the purpose of are - 
conveying water to rice fields for the irriga- 
tion thereof, or trees, plants, shrubs, vege- 
tables, vines, fruit, or articles thus infested or 
infected, or premises where the Russian thistle 
or saltwort or Johnson grass or other noxious 
weeds, or red rice, water-grasses, or other 
weeds or grasses detrimental to rice culture, 
or where any squirrels, gophers or other pred- 
atory animals shall be found are hereby 
adjudged and declared to be a public nuisance; 
and whenever any such nuisance shall exist at 
any place within his county, and the proper 
notice thereof shall have been served as herein 
provided, and such nuisance shall not have 
been abated within the time specified in such 
notice, it shall be the duty of the county horti- 
cultural commissioner to cause said nuisance to 
be at once abated, by eradicating, or by con- 
trolling, or by destroying said diseases, insects, 
animals or other pests, or their eggs, or larvae, 
or Russian thistle or saltwort, or Johnson 
grass or other noxious weeds, or red rice, 
water-grasses, or other weeds or grasses detri- 
mental to rice culture. The expense thereof Expense 
shall be a county charge, and the board of'°L tto „ 
supervisors shall allow and pay the same out hew 
of the general fund of the county ; any and all paid, 
sum or sums so paid shall be and become a 
lien on the property and premises from which 
said nuisance has been removed or abated in 
pursuance of this chapter. A notice of such Notice 
lien shall be filed and recorded in the office of oflien - 
the county recorder of the county in which the 
said property and premises are situated within 
thirty da}^s after the right to the said lien has 



26 HORTICULTURAL STATUTES. 

Notice accrued. An action to foreclose said lien shall 
of lien. k e commencec [ within ninety days after the 
filing and recording of said notice of lien, 
which action shall be brought in the proper 
court by the district attorney of the county in 
the name and for the benefit of the county 
making such payment or payments, and when 
the property is sold, enough of the proceeds 
shall be paid into the county treasury of such 
county to satisfy the lien and costs ; and the 
overplus, if any there be, shall be paid to the 
owner of the property, if he be known, and if 
not, into the court for his use when ascer- 
tained. 
Notice Whenever a notice of eradication, or of con- 

°[ trol, or of destruction is served on any person 

cation or persons, the county horticultural commis- 
may be sioner may, at his option, cause a copy thereof 
fi ^j to be filed for record in the office of the 
county county recorder within which the said prop- 
recorder, erty is situated, and if the said property is 
encumbered with a mortgage, lien, contract, 
option, bond, or other, encumbrance, the said 
county horticultural commissioner may, at his 
option, cause a copy thereof to be served on 
the person or persons holding such encum- 
brance. 
Lien Whenever a lien is filed on a piece of prop- 

filed on ert y £ or t | ie p Ur pose of collection of such sums 
fijr as have been expended in the eradication, or 

purpose in the control, or in the destruction of insects, 
control diseases, weeds, or animals found upon such 
of pests property and a copy of a notice of the eradica- 
te) lake tion, or of the control, or of the destruction 
denc»" s ^ a ^ h ave k een filed m tne office of the county 
over" recorder of the county wherein such property 
other [ s situated, and served on the person or per- 
except sons holding any such encumbrance, as herein- 
lien of above provided, then such lien shall take prece- 
taxes. dence over and be paramount to all other 
liens upon the said land excepting only the 
lien of taxes. 



HORTICULTURAL STATUTES. 27 

The county horticultural commissioner is Ccmmis- 
hereby vested with the power to cause any and j^ s ner 
all such nuisances to be at once abated in a power to 
summary manner. cause 

The county horticultural commissioner shall a " n ' ce ~ g 
have power and authority to prescribe and en- to be 
force rules for the examination and qualifica- aliatea - 
tion of fumigators or sprayers who desire to Comm - s . 
engage in such business for hire, and to issue S j oner 
certificates to all persons whom he shall find to issue 
by examination or otherwise to be duly quali- ^I'^L 
fled for engaging in such work. Such certifi- sprayers 
cate shall be revocable whenever the county and 
horticultural commissioner shall deem such f,"™ 1 ^ 
revocation necessary. No person shall be per- = 
mitted to engage in the business of fumigating 
or spraying for hire within the State of Cali- 
fornia for the purpose of controlling or eradi- 
cating plant pests or diseases, who has not 
first secured a certificate in the manner herein 
provided. 

2322b. Said county horticultural commis- Powers 
sioner shall have power to divide the county of 
into districts, and to appoint a local inspector, sioner. 
to hold office at the pleasure of the commis- 
sioner, for each of said districts, and may with Deputy, 
the consent and approval of the board of super- 
visors, appoint a deputy horticultural commis- 
sioner from a list of qualified persons certified 
to the board of supervisors by the state board 
of horticultural examiners, such deputy to 
hold office at the pleasure of the commissioner. 
The state commissioner of horticulture mayQuaran- 
issue commissions as quarantine guardians to tin( ' 
the countv horticultural commissioner, the? u n a J 
deputy and inspectors appointed by him. The 
said quarantine guardians, local inspectors, 
deputies or the said county horticultural com- 
missioner, have full authority to enter into any 
orchard, nursery, place or places where trees 
or plants or fruit are kept and offered for sale 



28 HORTICULTURAL STATUTES. 

or otherwise, or any house, storeroom, sales- 
room, depot, or any other such place in their 
jurisdiction, to inspect the same, or any part 
thereof. 
Record 2322c. It is the duty of the said county 
and horticultural commissioner to keep a record 
£>mmis°- f °^ *" s official doings, and to make a report to 
si.ner. the state commissioner of horticulture on or 
before the first day of October of each year of 
the condition of the horticultural interests in 
' their several districts, what is being done to 
eradicate, or to control, or to destroy insect 
pests, also as to disinfecting, and as to quaran- 
tine against insect and other pests and dis- 
eases, and as to the carrying out of all laws 
relative to the greatest good of the horticul- 
tural interests, and to furnish from time to 
time to the state commissioner of horticulture 
such other information as he may require. 
Said state commissioner of horticulture may 
publish such reports in bulletin form or may 
incorporate so much of the same in his annual 
scnfaf CS ' re P° rt as ma y be of general interest. It is also 
etc. ' made the duty of the county horticultural com- 
missioner to advise himself with reference to 
all infectious diseases, scale insects or codlin 
moth or other pests injurious to fruit, plants, 
vegetables, trees or vines, and with their eggs 
or larvae and all noxious weeds or grasses or 
animal pests that may exist in his county or 
be likely to exist therein and for the purpose 
of so advising himself and of eradicating and 
preventing injury from such causes, and for 
the purpose of advising himself on the best 
and most efficacious methods of performing 
Annual his duties and conducting his office he shall 
meeting. a ^ en( j ^he annual meeting of the state associa- 
tion of county horticultural commissioners, 
and such other meetings as the state commis- 
sioner of horticulture shall require, and he 
shall be paid his per diem compensation and 
traveling expenses while so engaged, or while 



HORTICULTURAL STATUTES. 29 

on any service that requires him to go outside 
the county when the performance of such 
service has been authorized by the board of 
supervisors, or the state commissioner of hor- 
ticulture. 

2322d. The salary of inspectors working Salary 
under the county horticultural commissioner Rectors, 
is three dollars and fifty cents per day, and deputy 
the necessary traveling expenses. The salary and . . 
of the deputy shall be five dollars per day S i' n e r. 
when in the actual performance of his duties, 
and the necessary traveling expenses. In the 
case of the commissioner himself his compen- 
sation shall be fixed by the board of super- 
visors, either at not less than one thousand 
eight hundred dollars per year, or at not less 
than six dollars per day, when actually en- 
gaged in the performance of his duties. He 
shall also be allowed the necessary traveling 
expenses incurred in the discharge of his 
regular duties as prescribed in this chapter. 

2322e. It is the duty of the county horti- t^super- 
cultural commissioner to keep a record of his visors, 
official acts, and make a monthly report to the 
board of supervisors ; and the board of super- 
visors may withhold warrants for salary of 
said commissioner, deputy and inspectors until 
such time as such report is made. 

2322/. Anv person, persons, firm or corpo- AT x ._ 
4.- u i_ 11 • u • j. -u Notifica- 

ration, who shall receive, bring, or cause to be ti on f 

brought into any county or locality of the arrival of 
State of California from another county or nurs ei"y 
locality within said state any nursery stock, 
trees, shrubs, plants, vines, cuttings, grafts, 
scions, buds, or fruit pits, or fruit or vege- 
tables, or seed, for the purpose of planting or 
propagating the same, or any or all such ship- 
ments of nursery stock, trees, shrubs, plants, 
vines, cuttings, grafts, scions, buds, or fruit 
pits, or fruit or vegetables, or seed or con- 
tainers thereof or other orchard appliances, 
which the county horticultural commissioner 



30 



HORTICUI/TURAI, STATUTES. 



Notjfica- 
tfOr of 
arrival of 

nursery 
stock. 



Labeling 
of 

nursery 
stock. 



Disposal 

of 

diseased 

nursery 

stock, 

etc. 



or the state commissioner of horticulture may- 
consider liable to be infested or infected with 
dangerous insect pests or plant diseases or 
noxious weed seeds and which if so infested 
or infected would constitute a dangerous 
menace to the orchards, farms and gardens of 
the county or state, shall immediately after 
the arrival thereof notify the county commis- 
sioner of horticulture, his deputy, or nearest 
inspector of the county in which such nursery 
stock, or fruit or vegetables, or seed, are 
received, of their arrival, and hold the same 
without unnecessarily moving or placing such 
articles where they may be harmful, for imme- 
diate inspection by such county commissioner 
of horticulture, his deputy, inspector, or deputy 
quarantine officer or guardian. 

2322g. Each carload, case, package, crate, 
bale, or bundle of trees, shrubs, plants, vines, 
cuttings, grafts, scions, buds, fruit pits, or 
fruit or vegetables, or seed, imported or 
brought into any county of the State of Cali- 
fornia from another county within said state 
for planting or propagation purposes, shall 
have plainly and legibly marked thereon in a 
conspicuous manner and place, the name and 
address of the shipper, owner or owners, or 
person forwarding or shipping same, and also 
the name of the person, firm -or corporation to 
whom the same is forwarded or shipped, or 
his or its responsible agents. A manifest 
showing the contents of each shipment, also 
the name of the locality where the contents 
were grown and a statement of the contents 
therein shall be made to the county horticul- 
tural commissioner having jurisdiction at the 
point of destination when shipment is made. 

2322h. When any shipment of nursery 
stock, trees, vines, plants, shrubs, cuttings, 
grafts, scions, buds, fruit pits, or fruit or vege- 
tables, or seed, imported or brought into any 
county or locality of the State of California 



HORTICULTURAL STATUTES. 31 

from another county or locality within such Dis P° s al 
state, is found to be infested or infected with diseased 
any species of injurious insects, or their eggs, nursery 
larvae or pupae, or other animal or plant dis- s ^ ock > 
eases or noxious weed seeds which would cause e c ' 
damage or be liable to cause damage to the 
orchards, vineyards, gardens or farms of any 
county of the State of California, all material 
in shipment found to be so infested or infected 
shall be deemed a public nuisance, shall be 
refused delivery, and shall be immediately re- 
turned to the point of shipment or destroyed, 
at the option and expense of the owner or 
owners, or his or their responsible agents. 
The remainder of such shipment shall be dis- 
infected under the directions of the county 
horticultural commissioner making such inspec- 
tion and in a manner as provided for in sec- 
tion two thousand three hundred twenty-two i 
of this act ; provided, however, that when any 
shipment of nursery stock, trees, vines, plants, 
shrubs, cuttings, grafts, scions, buds, fruit pits, 
or fruit or vegetables, or seed or their con- 
tainers or orchard appliances imported or 
brought into any county or locality of the 
State of California from another county or 
locality within said state, is found to be in- 
fested or infected with any species of injurious 
insects, or their eggs, larvae, or pupae, or other 
injurious animal or plant diseases or noxious 
weed seeds not known to exist in the county 
or locality in which said shipment is delivered, 
or if there is reasonable cause to presume it 
may be so infested or infected the entire ship- 
ment shall be refused admittance and shall be 
immediately returned to point of shipment or 
destroyed at the option and expense of the 
owner or owners, or his or their responsible 
agents ; provided, further, that when any ship- 
ment of nursery stock, trees, vines, plants, 
shrubs, cuttings, grafts, scions, buds, fruit pits, 
or fruit or vegetables, or seed, imported or 



32 



HORTICULTURAL STATUTES. 



Disposal 

of 

diseased 

nursery 

stock, 

etc. 



State 
commis- 
sioner to 
issue 
descrip- 
tions of 
insects, 
etc., 
.ind to 
advis? 
methods 
for 
control. 



brought into any county or locality of the 
State of California from another county or 
locality within said state, is found to be in- 
fested or infected with any species of injurious 
insects or their eggs, larvae or pupae, or plant 
diseases or noxious weed seeds which are of 
common occurrence in the county or locality 
into which it is shipped or transported, and 
which may be exterminated by such treatment 
as may be prescribed in section two thousand 
three hundred twenty-two i of this act and 
under the direction of the county horticultural 
commissioner of the county in which it is 
received, the same may be disinfected or 
cleaned at the expense of the owner or owners 
or his or their responsible agents, in a manner 
satisfactory to the county horticultural com- 
missioner making the inspection, and after 
such treatment the shipment may be delivered 
to the consignee. Any and every provision of 
this act relating to shipment or transportation 
of nursery stock, trees, shrubs, plants, vines, 
cuttings, grafts, scions, buds, or fruit pits, or 
fruit or vegetables, or seed from one county 
of the State of California to another county of 
said state, shall apply equally and identically 
to such shipment or transportation of such 
articles from one locality to another locality 
within the same county of said state. 

2322/. The state commissioner of horticul- 
ture is hereby empowered and directed from 
time to time to ascertain and determine, and 
promulgate the names and descriptions of in- 
sects, animals and diseases that may cause in- 
jury to orchards, vineyards, gardens, fruit or 
nut bearing or ornamental trees, vines, plants, 
nursery stock, fruit, nuts, vegetables or seed, 
and to ascertain, and advise the proper 
methods of treatment, disposal and disinfec- 
tion of nursery stock, trees, vines, plants, fruit, 
nuts, vegetables or seed, and the containers 
thereof which may be found to be infested or 



HORTICULTURAL STATUTES. 33 

infected with, or which may have been ex- 
posed to infection or infestation by any such 
insect or its eggs, larvae or pupae, or any such 
animal or plant diseases. 

2322/. Any person, persons, firm or corpo- Penalty, 
ration violating any of the provisions of this 
act shall be guilty of a misdemeanor and shall 
be punished by imprisonment in the county 
jail for a period not exceeding six months or 
by a fine not exceeding five hundred dollars, 
or by both fine and imprisonment. 

COUNTY HORTICULTURAL QUARANTINE 
ORDINANCES. 

As a result of an amendment to section 2319c of 
the Political Code contained in the act relating to the 
state commissioner of horticulture all county horticul- 
tural quarantine ordinances have been null and void 
since August 8, 1915. They are therefore not in- 
cluded in this revision of the horticultural statutes. — 
G. H. Hecke. 



3—31789 



34 



HORTICULTURAL STATUTES. 



STATE QUARANTINE LAW. 

An act to provide for the protection of horti- 
culture and to prevent the introduction into 
this state of insects or diseases, or animals, 
injurious to fruit or fruit trees, vines, bushes 
or vegetables, providing for a quarantine for 
the enforcement of this act, making a viola- 
tion of the terms of the act a misdemeanor, 
and providing the penalty therefor ; provid- 
ing that said act' shall be an urgency meas- 
ure and go into effect immediately, and re- 
pealing that certain act entitled "An act for 
the protection of horticulture and to prevent 
the introduction into this state of insects, or 
diseases, or animals, injurious to fruit or 
fruit trees, vines, bushes or vegetables, and 
to provide for a quarantine for the enforce- 
ment of this act," approved March n, 1899. 

[Approved January 2, 1912.] 

The people of the State of California do enact 
as follows: 

Inspec- Section 1. Any person, persons, firm or 
articles corporation who shall receive, bring or cause 
brought to be brought into the State of California, any 
to^ nursery stock, trees, shrubs, plants, vines, 
cuttings, grafts, scions, buds or fruit pits, or 
fruit or vegetables, or seed, shall immediately 
after the arrival thereof notify the state com- 
missioner of horticulture, or deputy quarantine 
officer, or quarantine guardian of the district 
or county in which such nursery stock, or 
fruit or vegetables or seed are received, of 
their arrival, and hold the same without un- 
necessarily moving the same, or placing such 
articles where they may be harmful, for the 
immediate inspection of such state commis- 
sioner of horticulture, or deputy quarantine 



HORTICULTURAL STATUTES. 35 

officer or guardian. If there is no quarantine Notice of 
guardian or state horticultural quarantine offi- ^. x ^ ed 
cer.in the county where such nursery stock or 
fruit or vegetable, or seed is received, it shall 
then be the duty of such person, persons, firm 
or corporation to notify the state commis- 
sioner of horticulture, who shall make imme- 
diate arrangements for their inspection. The Author- 
state commissioner of horticulture, deputy \*& of 
quarantine officer, quarantine guardian or such tor. 
person or persons as shall be commissioned by 
the state commissioner of horticulture to make 
such inspection, or to represent said commis- 
sioner, is hereby authorized and empowered to 
enter at any time into any car, warehouse, 
depot or upon any ship within the boundaries 
of the State of California whether in the 
stream or at the dock, wharf, mole, or any 
other place where such nursery stock or fruit 
or vegetables or seed or other described 
articles are received or in which such nursery 
stock or fruit or vegetables or seed is im- 
ported into the state, for the purpose of 
making the investigation or examination to 
ascertain whether such nursery stock, trees, 
shrubs, plants, vines, cuttings, grafts, scions, 
buds, fruit pits, fruit, vegetables or seed is 
infested with any species of injurious insects, 
or their eggs, larvae or pupse or other animal 
or plant disease. 

If after such examination or inspection, anyDisin- 
of the said described articles are found to be faction. 
so infested or infected as aforesaid, then it 
shall be the duty of the owner, owners, or per- 
sons, firm or corporation having charge or 
possession thereof to so disinfect at his or 
their expense such portion or portions of the 
ship, dock, wharf, mole, car, warehouse or 
depot where said articles may have been 
located in such a manner as to destroy all 
infection or infestation present or that is liable 
to be present, and all articles or packages or 



36 



HORTICULTURAL STATUTES. 



Disin- 
fection. 



Nothing 
to be 
removed 
prior to 
disin- 
fection. 



Marking 
required 
on 

articles 
under- 
going 
ship- 
ment. 



Destruc- 
tion of 
infected 
or 

infested 
material. 



soils apt to be so infested or infected shall be 
held until the said articles or packages or soils 
have been thoroughly disinfected and all in- 
jurious insects, or their eggs, larvae or pupae or 
other animal or plant disease have been eradi- 
cated and destroyed ; provided, however, that 
all articles of nursery stock, trees, shrubs, 
plants, vines, cuttings, grafts, scions, buds, 
fruit pits, fruit, vegetables or seed which are 
infested or infected with such species of in- 
jurious insects or their eggs, larvae or pupae or 
other animal or plant disease which may be or 
be liable to be injurious to the orchards, vine- 
yards, gardens or farms within said state, shall 
be destroyed or reshipped out of the state as 
hereinafter provided. The said officer so 
making such inspection shall not permit any of 
the described articles so coming in contact 
with said infested or infected articles or any 
articles which might convey infection or in- 
festation to be removed or taken from any 
such car, warehouse, depot, ship, dock, wharf 
or any other place until after such infection or 
infestation shall have been destroyed. 

Sec. 2. Each carload, case, box, package, 
crate, bale or bundle of trees, shrubs, plants, 
vines, cuttings, grafts, scions, buds, fruit pits, 
or fruit or vegetables or seed, imported or 
brought into this state, shall, have plainly and 
legibly marked thereon in a conspicuous 
manner and place the name and address of the 
shipper, owner, or owners or person forward- 
ing or shipping the same, and also the name of 
the person, firm or corporation to whom the 
same is forwarded or shipped, or his or its re- 
sponsible agents, also the name of the country, 
state or territory where the contents were 
grown and a statement of the contents therein. 

Sec. 3. When any shipment of nursery 
stock, trees, vines, plants, shrubs, cuttings, 
grafts, scions, buds, fruit pits or seed or vege- 
tables or fruit, imported or brought into this 



HORTICULTURAL STATUTES. 37 

state, is found infested or infected with anyDestruc- 
species of injurious insects, or their eggs, ^fected 
larvae or pupae or other animal or plant disease or 
or there is reasonable cause to presume that toasted 
they may be so infested or infected, which 
would cause damage, or be liable to cause 
damage, to the orchards, vineyards, gardens or 
farms of the State of California, or which 
would be or be liable to be detrimental thereto 
or to any portion of said state, or to any of 
the orchards, vineyards, gardens or farms 
within said state such shipment shall be imme- 
diately destroyed by the state commissioner of 
horticulture, his deputy quarantine officer, 
quarantine guardians or other person or per- 
sons, who shall be commissioned by the state 
commissioner of horticulture to make such in- 
spection ; provided, however, that if the nature siiip- 
of the injurious insects, or their eggs, larvae, ™| nt f 
pupae or animal or plant disease be such that s t a t e of 
no damage or detriment can be caused to the articles 
said orchards, vineyards, gardens or farms of ^" e n c ^ ed 
California or any of the same by the shipment or 
of the same out of the state, then the said infested, 
state commissioner of horticulture, his deputy 
quarantine officer, quarantine guardians or 
other person or persons who shall be commis- 
sioned by the state commissioner of horticul- 
ture to make such inspection, and who shall 
make such inspection, shall notify the owner 
or person, firm or corporation having posses- 
sion or control of said articles to ship the 
same out of the state within forty-eight hours 
after such notification, and it shall be the duty 
of such owner or owners, or person, firm or 
corporation, to so ship said articles, but such 
shipment shall be under the sole direction and 
control of the officer so making the inspection 
and shall be at the expense of the owner or 
owners, his or their agent or agents, and for 
a failure to comply with such notice such 
owner or owners, his or their agent or agents 



38 HORTICULTURAL STATUTES. 

shall be deemed guilty of a violation of the 
terms of this act and be punished accordingly 
and immediately after the expiration of the 
time specified in said notice said articles shall 
be seized and destroyed by said officer at the 
expense of the said owner or owners, his or 
their agent or agents. 
Ship- Slc. 4. When any shipment of nursery 

passing stoc k, trees, vines, plants, shrubs, cuttings, 
through grafts, scions, fruit, fruit pits, vegetables or 
state. seed, or any other horticultural or agricultural 
product passing through any portion of the 
State of California in transit, is infested or 
infected with any species of injurious insects, 
their eggs, larvse or pupa? or animal or plant 
disease, which would cause damage, or be 
liable to cause damage to the orchards, vine- 
yards, gardens or farms of the State of Cali- 
fornia, or which would be, or be liable to be, 
detrimental thereto or to any portion of said 
state, or to any of the orchards, vineyards, 
gardens or farms within said state, and there 
. exists danger of dissemination of such insects 
or disease while such shipment is in transit in 
the State of California, then such shipment 
shall be placed within sealed containers, com- 
posed of metallic or other material, so that the 
same can not be broken or opened, or be liable 
to be broken, or opened, so as to permit any 
of the said shipment, insects, their eggs, larvae 
or pupse or animal or plant disease to escape 
. from such sealed containers and the said con- 
tainers shall not be opened while within the 
State of California. 
Fruit fly. Sec. 5. No person, persons, firm or corpo- 
ration shall bring or cause to be brought into 
the State of California any fruit or vegetable 
or host plant which is now known to be, or 
hereafter may become a host plant or host 
fruit of any species of the fruit fly family 
Trypetidse from any country, state or district 
where such species of Trypetidae is known to 



HORTlCUIvTURAIv STATUTES. 39 

exist and any such fruit, vegetable, or host 
plant, together with the container and packing, 
shall be refused entry and shall be immediately 
destroyed at the expense of the owner, owners 
or agents. 

Sec. 6. No person, persons, firm or corpo- ^ each 
ration shall bring or cause to be brought into an( j w 
the State of California any peach, nectarine, or peach 
apricot tree or cuttings, grafts, scions, buds or rosette - 
pits of such trees, or any trees budded or 
grafted upon peach stock or roots that have 
been in a district where the disease known as 
"peach yellows" or the contagious disease 
known as "contagious peach rosette" are 
known to exist, and any such attempting to 
land or enter shall be refused entry and shall 
be destroyed or returned to the point of ship- 
ment at the option of the owner, owners or 
agent, and at his or their expense. 

SEC. 7. No person, persons, firm or corpo- Injurious 
ration shall bring or cause to be brought into animals - 
the State of California any injurious animals 
known as English or Australian wild rabbit, 
flying fox, mongoose or any other animal or 
animals detrimental to horticultural or agricul- 
tural interests. 

Sec. 8. Any person, persons, firm or corpo- P cr:alt y- 
ration violating any of the provisions of this 
act shall be guilty of a misdemeanor and shall 
be punished by imprisonment in the county 
jail for a period not exceeding six months, or 
by a fine not exceeding five hundred dollars, 
or by both such fine and imprisonment 

Sec. 9. It is hereby determined and de- Act m 
clared that this act and each and all of the ge ncy 
provisions thereof, constitute and is an urgency measure, 
measure necessary for the immediate preserva- 
tion of the public safety and health. The facts 
constituting such necessity are as follows : 
There now exists in various islands and terri- 
tory in close proximity to the State of Cali- 
fornia dangerous and injurious fruit and plant 



40 



HORTICULTURAL STATUTES. 



Act an 
emer- 
gency 
measure. 



Repeal 
of. 

former 
law. 



In effect 
immedi- 
ately. 



diseases and insects and animals, and hereto- 
fore fruits, vegetables, plants, seeds and other 
articles of horticulture and agriculture from 
said islands and territory have been and now 
are being shipped and brought into the State 
of California, which are to a large extent in- 
fested and infected with dangerous and in- 
jurious fruit and plant diseases and insects, 
their eggs, larvae and pupae, and which if con- 
tinued to be brought into the state will cause 
great danger to the public health, and will 
greatly damage the .horticultural and agricul- 
tural interests of said state, and will also be 
detrimental to the public health, and this act is 
necessary to provide ample power to prevent 
the introduction of such insects and diseases 
and injurious animals into the state and to 
prevent the spread of such disease, insects and 
animals. 

S^c. 10. That certain act entitled "An act 
for the protection of horticulture, and to pre- 
vent the introduction into this state of insects, 
or diseases, or animals, injurious to fruit or 
fruit trees, vines, bushes, or vegetables, and to 
provide for a quarantine for the enforcement 
of this act," approved March 11, 1899, is hereby 
repeale.d. 

Sec. 11. This act, being an urgency measure 
as above set forth, shall take effect and be in 
full force immediately from and after its 
passage. 



HORTICULTURAL STATUTES. 41 



AN ACT RELATING TO THE SHIP- 
MENT OF INJURIOUS INSECTS 
THROUGH OR INTO THE STATE 
OF CALIFORNIA. 

An act to prevent the importation into or 
transportation through the State of Cali- 
fornia of insects injurious to cultivated 
crops, providing exemption for specific 
scientific purposes, fixing the authority to 
grant such exemption and providing a 
penalty for a violation of the terms of 
this act. 

[Approved May 5, 1917. In effect July 27, 1917.] 

The people of the State of California do enact 
as follows: 

Section 1. No person, firm or corporation Shi P- 
shall bring into the State of California, nor ^jurious 
shall any railroad, steamship, express or other insects 
transportation company knowingly transport ^ live 
into the State of California from any state, 
territory or district in the United States, or 
from any foreign country, or from one point 
or place in the State of California to another 
point or place therein, any cotton boll weevil, 
gypsy moth, or an}' insect in a live state which 
is injurious to cultivated crops, or the eggs, 
larvae or pupae of any insect injurious as afore- 
said, except when brought for scientific pur- 
poses under the regulations hereinafter pro- 
vided for ; nor shall any person bring into the 
State of California from any state, territory or 
district in the United States, or from any 
foreign country, or from any point or place in 
the State of California to another point or 
place therein, except for scientific purposes 
under the regulations as hereinafter provided 
for, any insect in a live state which is injurious 



A2 



HORTICULTURAL STATUTES. 



Con.mis- 
sioner of 
horti- 
culture 
and 
U. S. 
Dept. 
Agr. to 
issue 
rules 
and 
regula- 
tions. 

Penalty. 



to cultivated crops, or the eggs, larvse or pupae 
of any insect injurious as aforesaid. 

Sec. 2. No provision in this act shall apply- 
to the transportation or moving into or 
through the State of California, of live insects 
for scientific purposes under the rules and 
regulations promulgated by the United States 
department of agriculture, or by the state com- 
missioner of horticulture of California. 

Sec. 3. Any person, firm or organization 
who shall violate the provisions of section one 
of this act shall be guilty of a misdemeanor. 



AREAS OF THE UNITED STATES UNDER PLANT QUARANTINE BY ORDER OF COMMISSIONER OF HORTICULTURE. 



No. 23 — Melanose of Citrus Fruits. 
Florida, Porto Rico. 



No. 25 — Potato Eelworm. 
Recommends inspection only. 




QUARANTINE ORDERS 
IN FORCE. 



No. A — Melon Fly. 
Hawaiian Islands, 
Polynesia. 

5 — Mediterranean 
Fly. 



Orient. 
Fruit 



Hawaiian Islands, Austra- 
lia, Southern Europe. 

No. 13 — Mexican Orange 
Worm (Fruit Fly). 
Mexico. 

No. 21— Citrus White Flies. 
Distribution shown on map. 



No. 26 — Mexican Cotton Boll Weevil. 
All states in the United States quarantined except Mari- 
copa County, Arizona. Distribution shown on map. 

No. 27 — Tulare County Points. 
Points of entry for importing nursery stock. 

No. 28 — Citrus Canker. 
All states except Arizona are quarantined against. 
Distribution, Louisiana, Mississippi, Alabama, Florida, 
Georgia and Texas. 

No. 29— Alfalfa Weevil. 
Distribution shown on map. 

No. 30— White Pine Blister Rust. 
All 5 -leaved pines, currants and gooseberries from east of Mississippi River. 
Distribution shown on map. 

REGULATIONS. 
No. 3 — Mediterranean Fruit Fly. 
Requiring inspection of automobile tops shipped from Hawaiian ports. 



. 5 — Peach Yellows and Peach Rosette. Distribution shown on map. 

. 6 — Chestnut Bark Disease. Chestnut nursery stock from all states exam- 
ined for symptoms. Distribution shown on map. 



:ilTS!> 1 



Cc 

sit 
ho 
cu 
an 
U. 
Dt 
As 
isg 
ru 
an 
res 
tic 

Pei 



HORTICULTURAL STATUTES. '43 

QUARANTINE ORDERS AND REGU- 
LATIONS.* 

Issued by the State Commissioner of 
Horticulture. 

QUARANTINE ORDER No. 1. 

Pertaining to citrus white fly (Aleyrodes citri). 

Importation of nursery stock and other hosts ^ hite 
prohibited from Florida, Louisiana, and other ies ' 
infested territory. 
(Issued March 2, 1906. Superseded by Order No. 21.) 

QUARANTINE ORDER No. 2. 

Pertaining to boll weevil (Anthonomus grandis). 

Prohibiting the importation of cotton seedEoU. 
into California except under certain condi- v,eevi1 - 
tions, i. e., through State Commission of Horti- 
culture and several specified county horticul- 
tural commissioners. 
(Issued April 23, 1908. Superseded by Order No. 26.) 

QUARANTINE ORDER No. 3. 

Pertaining to the importation of nursery stock 
into Tulare County. 

(Issued January 17, 1910. Amended by Order No. 27.) 

WhErEas, The State Commissioner of Hor- Jniporta- 
ticulture has determined from common report, tic ! 1 °f. 
from personal inspection and from the report steel- 
of the State Quarantine Officer that the com- into 
mercial citrus fruit trees and all others as far™^ 
as examined in Tulare County are entirely 
free from the red scale (Chrysomphalus 
aurantii), black scale (Saissctia oleae), purple 
scale (Lepidosaphes beckii), and other scales 
detrimental to the production of fruit ; and 

*L,ist of Quarantine Orders and Regulations still in 
effect on accompanying map; 



Tulare 
county 



44 HORTICULTURAL STATUTES. 

Importa- WhErEas, There is continual danger of the 

nursery introduction of the said scales and others into 

stock Tulare County; and 

US*™ Whereas, A reasonable quarantine regula- 

tion would protect the fruit interests of the 
said county without violating the rights of 
other sections ; therefore, 

It is declared, That a quarantine be and is 
hereby established against the importation of 
all fruit and nursery stock and plants into 
Tulare County, and the horticultural commis- 
sioner, his deputy and all his inspectors, are 
hereby instructed to hold and cause to be 
returned to the points where the shipments 
originated all such stock found within the said 
county of Tulare ; it is unlawful, during the 
continuance of this order for any railroad, ex- 
press, or other company or individual to bring 
or cause to be brought into said county such 
stock or to receive it for delivery; provided, 
that all such nursery stocks and plants may be 
delivered and received at Porterville, Lindsay, 
Exeter, Tulare, Visalia, Ducor, and Dinuba, 
all within the said county, and it is hereby 
declared that the above named stations are in 
no way affected by this order, and at the places 
named all such stocks may be received and 
will be promptly inspected, and if found clean 
they will be released. 

(Signed) J. W. Jeffrey, 
State Commissioner of Horticulture. 
Approved : 

J. N. GlEEETT, 

Governor of the State of California. 



QUARANTINE ORDER No. 4. 

Pertaining to melon fly (Dacus cucurbitae). 

Sacramento, March 28, 1910. 
Melon WhErEas, From information that has been 

fly * received by this commission, and the fact 

having been duly determined by the commis- 



HORTICULTURAL STATUTES. 45 

sion, it appears that a certain fruit and vege- Melon 
table fly known as Dacus cucurbitae is preva- ^* 
lent in the Hawaiian Islands, and very de- 
structive to watermelons, muskmelons, cucum- 
bers and tomatoes on these islands, and that 
the said Dacus cucurbitae is not known to 
exist in the state of California ; and, 

WhErEas, The introduction of this fly into 
the state would entail great and irreparable 
losses to the horticultural products subject to 
its attacks ; and, 

Whereas, The most rigid inspection can not 
determine the presence of the larva maggot of 
this fly without the destruction of the fruit or 
vegetable which may be infected ; therefore, 

It is ordered, That a horticultural quaran- 
tine be and is hereby established against 
watermelons, muskmelons, cucumbers and to- 
matoes imported from the Hawaiian Islands or 
other territory known by. the state commission 
to contain infection of the Dacus cucurbitae, 
and all deputies of the State Commission of 
Horticulture, county horticultural commissions, 
and horticultural quarantine officers are hereby 
instructed to hold all such fruits or vegetables 
above described for exportation out of the 
state or to be destroyed as may be directed by 
the owner or consignee. 

(Signed) J. W. JeefrEy, 
State Commissioner of Horticulture. 

Approved : 

J. N. GlEEETT, 

Governor of the State of California. 

QUARANTINE ORDER No. 5. 
Pertaining to the Mediterranean fruit fly. 

(Issued June 24, 1911.) 

Sacramento, Cae., June 24, 1911. 
Whereas, The State Commissioner of Hor- Mediter- 
ticulture has received official notification fromj an . e . a " 
the Board of Agriculture and Forestry of the 



46 HORTICULTURAL STATUTES. 

Mediter- Hawaiian Islands that an insect known as the 
fruiUIy. Mediterranean Fruit Fry (Ceratitis capitata) 
has become established on the island of Oahu ; 
and 

Whereas, The deputy horticultural quaran- 
tine officers at the port of San Francisco have 
discovered and properly identified this fruit fly 
{Ceratitis capitata) in fruit and vegetables 
brought in both as freight and personal bag- 
gage from the port of Honolulu, Hawaiian 
Islands ; and 

Whereas, The introduction of this fruit fly 
(Ceratitis capitata) into California would en- 
tail irreparable losses to our fruit, vine and 
vegetable interests ; 

It is hereby ordered, directed and declared. 
That a quarantine be and the same is hereby 
established in accordance with section 2319b 
of the Political Code of the state of California, 
against the importation of all fruits, vegeta- 
bles, berries, seed-pods, etc., either cultivated 
in the orchards or gardens or growing wild in 
the Hawaiian Islands, with the exception that 
pineapples, bananas, and all root crops, the 
edible portions of which during growth have 
always been beneath the surface of the soil, 
shall be admitted at the ports of the state of 
California after having been duly inspected ; 
provided, that any or all of these exempted 
fruits Or vegetables, if at any time hereafter 
shall be found to contain upon inspection the 
egg, larvse or pupse of the fruit fly (Ceratitis 
capitata) they shall be immediately included in 
the list of quarantined fruits and vegetables. 
The fruit or vegetables quarantined against in 
this order shall be immediately returned to the 
port from which they were shipped, or de- 
stroyed at the option of the owner, consignee 
or agent. In no case shall such quarantined 
fruits be allowed to be transported over, re- 
packed or stored upon any dock, warehouse, 
barge or other property within the jurisdiction 



HORTICULTURAL STATUTES. 47 

of the state of California, excepting the ship Mediter- 
in which they were originally brought, or to^"^, 
which they are at once transferred. All 
deputies of the State Commission of Horticul- 
ture, or state quarantine guardians are hereby 
empowered to carry out the provisions of. this • 
order. 

J. W Jeffrey, 
State Commissioner of Horticulture. 
Approved : 

Hiram W. Johnson, 
Governor of California 



QUARANTINE ORDER No. 6. 

Pertaining to potato eelworm (Tylenchus 
devastatrix). 

Prohibiting the shipping of potatoes from Potato 
Lyon, Churchill and Washoe counties, Nevada, erlworm. 
into California because of eelworm. 
(Issued November 27, 1911. Superseded by Quaran- 
tine Order No. 25.) 



QUARANTINE ORDER No. 7. 

Revocation of potato eelworm order relating Potato 
to three counties in Nevada, but providing for eelworm. 
inspection of shipments from these counties. 
If found infested said shipments ordered out 
of state or destroyed. 

(Issued December 23, 1911. Superseded by Order 
No. 25.) 



QUARANTINE ORDER No. 8. 
Pertaining to Tulare County points of entry. Ship- 
Adding five towns to the list of inspection nnr^evy 
points, namely, Strathmore, Sultana, Tipton, stock ' 

Goshen, and Farmersville. jl 1 * 

' Tulare 

(Issued January 25, 1912. Amended by Order No. 27.) county. 



48 HORTICULTURAL STATUTES. 

QUARANTINE ORDER No. 9. 

Pertaining to the Mexican orange fly, Ana- 
strepha ludens (Trypeta ludens). 

orange" 1 Prohibiting the importation of citrus fruits, 
Ay. guavas or mangoes by rail or streamer from 

Mexico into the state of California. 

(Issued January 25, 1912. Superseded by Order 
No. 13.) 



QUARANTINE ORDER No. 10. 

Pertaining to peach tree borer (Sanninoidea 
pacifica). 

Preventing the shipment of peach, plum, 
bcrer. apricot, prune, nectarine, cherry and almond 
trees from Santa Clara, Alameda, Santa Cruz, 
and San Mateo counties. 

(Issued January 29, 1912. Superseded by Order 
No. 12.) 



Peach 
tree 



QUARANTINE ORDER No. 11. 

Pertaining to peach tree borer (Sanninoidea 
pacifica). 

Peach Same as Order No. 10, but providing for 

borer. shipment of nursery stock after inspection. 

(Issued February 2, 1912. Repealed by Order No. 12.) 



QUARANTINE ORDER No. 12. 

Pertaining to peach tree borer (Sanninoidea 
pacifica). 

Peach Repealing the orders issued relative to the 

borer. shipment of peach, plum, apricot, prune, nec- 
tarine, cherry and almond trees from Santa 
Clara, Alameda, Santa Cruz, and San Mateo 
counties. 

(Issued February 3, 1912.) 



HORTICULTURAL STATUTES. 49 

QUARANTINE ORDER No. 13. 

Pertaining to the Mexican orange maggot, 
Anastrepha ludens (Trypeta ludens). 

Whereas, There exists in several of the Mexican 
states of Mexico a very serious insect pest, fl y/° 
namely, the Mexican or Morelos orange fly, 
Anastrepha ludens Loew (Trypeta ludens) ; and 

Whereas, This fly attacks oranges, sweet 
limes, guavas and mangoes, and is exceedingly 
destructive to all such fruits ; and 

WhErEas, Said orange fly is free from para- 
sites and is very difficult to combat; and 

WhErEas, Steamships from Mexican ports 
and railroad cars traversing these infested 
areas, come direct to our state, and may, and 
very likely will, be the bearers of affected 
oranges, sweet limes, guavas and mangoes, and 
so may bring this orange maggot, Anastrepha 
ludens (Trypeta ludens), into the state of 
California, which, if introduced, would bring 
incalculable loss to our people ; therefore be it 

Directed, ordered and declared, That a quar- 
antine be and the same is hereby established 
in accordance with the law approved by Gov- 
ernor Johnson, January 2, 1912, against the 
importation of oranges, sweet limes, guavas 
and mangoes from the states of Mexico, either 
by boat or rail, and that, as heretofore, all 
cars bringing oranges, sweet limes, guavas or 
mangoes from Mexico into the United States, 
other than California, must be thoroughly 
fumigated before they bring any freight what- 
ever into the state of California, and any 
quarantine heretofore established against the 
importation of citrus fruits into the state of 
California, from said Mexico, is hereby modi- 



50 



HORTICULTURAL STATUTES. 



Mexican ne d a nd removed to the extent of, and in 



orange 
fly. 



accordance with, this quarantine order. 

A. J. Cook, 
State Commissioner of Horticulture. 
Approved : 

A. J. Wallace, 
Acting Governor of State of California. 
Sacramento, February 13, 1912. 



Alfalfa 
weevil. 



QUARANTINE ORDER No. 14. 

Pertaining to alfalfa weevil (Phytonomus 
posticus). 

Prohibiting the importation of alfalfa hay 
from counties of Salt Lake, Tooele, Juab, 
Utah, Wasatch, Summit, Davis, Morgan, 
Weaver, Boxelder, Cache, and Rich, state of 
Utah ; Oneida and Bear Lake, state of Idaho ; 
and Uintah County, Wyoming. 
(Issued August 13, 1912. Superseded by Order No. 29.) 



White 
flies. 



QUARANTINE ORDER No. 15. 

Pertaining to citrus white flies (Aieyrodes citri, 
Aleyrodes nubifera). 

Prohibiting the importation of all fruits and 
vegetables (excepting tomatoes), nursery stock, 
scions, grafts, buds, cuttings, fruit pits, orange 
seeds, trees, vines, plants and shrubs of all 
kinds from the Gulf States, Georgia and the 
Carolinas. 
(Issued August 30, 1912. Superseded by Order No. 21.) 



Alfalfa 
weevil. 



QUARANTINE ORDER No. 16. 

Pertaining to alfalfa weevil (Phytonomus 
posticus). 

Prohibiting the importation of colonies of 
bees in hives, all hay, including alfalfa and 
other hay and straw in cattle cars from Utah, 
Wyoming and Idaho. Alfalfa seed admitted 
only on inspection by quarantine officer. 
(Issued October 15, 1912. Superseded by Order 
No. 29.) 



HORTICULTURAL STATUTES. 51 

QUARANTINE ORDER No. 17. 

Pertaining to alfalfa weevil (Phytonomus 
posticus). 

Order No. 16 amended to include nursery Alfalfa 
stock and ornamental stock packed in tule, hay weevil - 
or straw, or shipped in boxes or cars that 
have not been disinfected, and stipulating how 
said nursery stock and ornamentals shall be 
packed. 

(Issued December 17, 1912. Superseded by Order 
No. 29.) 

QUARANTINE ORDER No. 18. 

Pertaining to citrus white flies (Aleyrodes citri 
and Aleyrodes nubifera). 

Amending Order No. 15 of August 30, 1912, White 
to include all known host plants of the white es * 
flies, and any others which may be determined 
later. 

(Issued December 17, 1912. Superseded by Order 
No. 21.) 

QUARANTINE ORDER No. 19. 

Pertaining to cotton boll weevil (Anthonomus 
grandis). 

Prohibiting the shipment of cotton seed into Cotton 
California except for experimental purposes by boll • 
permit of State Horticultural Commissioner. weevil - 
Revoking Order No. 2. 

(Issued Tanuary 31, 1913. Superseded by Order 
No. 26.) 

QUARANTINE ORDER No. 20. 

Pertaining to alfalfa weevil (Phytonomus 
posticus). 

Same as Order No. 17, with exception of the Alfalfa 
quarantine against Idaho. The quarantined weevil, 
area of the state of Idaho includes only the 



52 HORTICULTURAL STATUTES. 

southeast corner, south of forty-third parallel 
north latitude and east of the one hundred 
thirteenth meridian west longitude. 

(Issued February 27, 1913. Superseded by Order 
No. 29.) 

QUARANTINE ORDER No. 21. 

Pertaining to citrus white flies. 

Sacramento, March 4, 1913. 
White Quarantine Orders No. 15, under date of 

flies. August 30, 1912, and No. 18, under date of 
December 17, 1912, are hereby amended to 
read as follows : 

Whereas, The fact has been determined by 
the State Commissioner of Horticulture that 
the white fly (Aleyrodes citri) is widely dis- 
tributed in the states of North Carolina, South 
Carolina, Georgia, Florida, Alabama, Missis- 
sippi, Louisiana and Texas, and that the white 
fly {Aleyrodes nubifera) exists at the present 
time in the state of Florida; and 

Whereas, Both Aleyrodes citri and Aley- 
rodes nubifera are primarily serious pests of, 
and work great injury to, citrus trees; and 

Whereas, There is great danger of intro- 
ducing Aleyrodes citri and Aleyrodes nubifera 
into the citrus groves of California by the im- 
portation of such plants, trees or ornamental 
nursery stock as are known to be hosts or 
food plants of any or all species of citrus 
white flies from each of the states aforesaid; 
now, therefore, it is hereby 

Ordered, directed and declared, That a horti- 
cultural quarantine be, and the same is, hereby 
established in accordance with the provisions 
of section 2319b of the Political Code of the 
state of California, against all the known host 
plants of Aleyrodes citri and Aleyrodes nubi- 
fera, as follows : 

Allamanda (Allamanda neriifolia) 

Banana shrub {Magnolia fuscata) 



HORTICULTURAL STATUTES. 53 

Boston ivy (Ampelopsis tricuspidata) White 

Citrus (orange, lemon, citron, grapefruit, * 

kumquat, tangerine, and all other citrus 

plants) 
Cape jessamine (Gardenia Horida) 
Cape jessamine (Gardenia j 'as mino ides) 
California privet (Ligustrum amurense) 
Cherry laurel (Prunas laurocerasus) 
Cultivated pear (Pyrus sp.) 
Crape myrtle (Myrtus lager straemia) 
China berry (Melia azedarach) 
Coffee (Coffea arabica) 
English ivy (Hedera helix) 
Picus macro phylla 
Golden privet (Ligustrum sp.) 
Green ash (Praxinus lanceolata) 
Japanese persimmon (Diospyros kaki) 
Jasminum fruticans 
Laurestinus (Viburnum tinus) 
Lilac (Syringa vulgaris) 
Mexican orange (Choisya ternata) 
Mock olive (Prunus caroliniana) 
Myrtle (Myrtus communis) 
Osage orange (Madura aurantiaca) 
Portugal cherry (Cerasus sp.) 
Pomegranate (Punica granatum) 
Prickly ash (Xanthoxylum clava-her cults) 
Smilax (Smilax sp.) 
Texas umbrella (Melia azedarach var. urn- 

braculiformis) 
Tree of Heaven (Ailanthus glandulosa) 
Trumpet vine (Tecoma radicans) 
Water oak (Quercus aquatica) 
Wild persimmon (Diospyros virginiana) 
Wild olive or devilwood (Osmanthus ameri- 

canus) 
Yellow jessamine (Jasminum odoratissimum) 

or any other that may hereafter become a host 
plant, imported from the states of North Caro- 
lina, South Carolina, Georgia, Florida, Ala- 
bama, Mississippi, Louisiana and Texas, or 



54 HORTICULTURAL STATUTES. 

White any other section known to harbor either 
Aleyrodes citri or Aleyrodes nubifera, into the 
state of California. All quarantine guardians 
and deputies of the State Horticultural Com- 
missioner are hereby instructed and required 
to hold any and all of the aforesaid host 
plants, nursery and ornamental stock, which 
are host plants of this Aleyrodes citri and of 
this Aleyrodes nubifera, subject to the order 
of the shippers or owners thereof for exporta- 
tion out of the state, or to be destroyed, and 
to take every necessary precaution for the 
prevention of the issuance of the said white 
flies while the same "are being held in quaran- 
tine. 

Provided, that all plants, nursery and orna- 
mental trees, other than the host plants 
enumerated in this order (excepting coniferous 
species), imported into the state of California 
from the aforesaid states of North Carolina, 
South Carolina, Georgia, Florida, Alabama, 
Mississippi, Louisiana and Texas, or any other 
section known to harbor either Aleyrodes citri 
or Aleyrodes nubifera, or both, shall be com- 
pletely defoliated, and failure upon the part of 
the shipper or importers to comply with this 
ruling shall result in the holding of such ship- 
ment by the state quarantine authorities, sub- 
ject to return or destruction at the discretion 
of the shippers or importers. .And, it is hereby 
further 

Provided, that orange seed and fruit pits 
may be received into the state of California 
upon compliance with the following conditions : 
Every lot of orange seed or fruit pits brought 
into the state of California from North Caro- 
lina, South Carolina, Georgia, Florida, Ala- 
bama, Mississippi, Louisiana and Texas, or 
other territory infested with either Aleyrodes 
citri or Aleyrodes nubifera, or both, must be 
enclosed in a container sufficiently tight and 
. , secure to prevent the egress of these pests, 



HORTICULTURAL STATUTES. 55 

should any be enclosed ; and every lot of such White 
orange seed or fruit pits must be shipped to es * 
the Deputy Quarantine Officer of the Cali- 
fornia State Commissioner of Horticulture in 
Los Angeles or to any other person authorized 
in writing by the State Commissioner of 
Horticulture to receive it. Every such lot 
must be delivered at such freight or express 
office as shall be designated by said Deputy 
Quarantine Officer, or any other authorized 
person, and held by him in quarantine and 
sufficiently treated until in his judgment the 
lot may be released. All expense incurred in 
treating for disinfections of such lot of orange 
seed or fruit pits shall be paid by the con- 
signee or owner, and the orange seed or fruit 
pits shall not be released until the same is 
paid. 

A. J. Cook, 
State Commissioner of Horticulture. 
Approved : 

Hiram W. Johnson, 
Governor of State of California. 

QUARANTINE ORDER No. 22. 

Pertaining to Tulare County points of entry. 

Adding the town of Richgrove to the in- ^^ f 

spection points in Tulare County for the nursery 

examination of nursery stock shipped into the st ? ck 
, into 

county. Tulare 

(Issued April 11, 1913. Amended by Order No. 27.) oomty. 

QUARANTINE ORDER No. 23. 

Pertaining to melanose of citrus fruits and citrus 

trees. 

March 13, 1914. 
WhErEas, The fact has been determined by Melan- 
the State Commissioner of Horticulture that a 0S9 - 
fungous disease, injurious to citrus fruits and 
citrus trees, known as melanose {Phomopsis 



56 HORTICULTURAL STATUTES. 

Melan- citri), new to and not heretofore prevalent or 
ose ' distributed in the state of California, exists in 
the state of Florida in the United States and 
in the island of Porto Rico ; 

Now, Therefore, It is declared necessary in 
order to prevent the introduction of melanose 
into the state of California that a horticultural 
quarantine be and the same is hereby estab- 
lished at the boundaries of the state of Cali- 
fornia in accordance with the provisions of 
section 2319b of the Political Code of the 
state -of California against all citrus fruits and 
citrus trees imported or brought from the state 
of Florida in the United States and from the 
island of Porto Rico ; and no such citrus fruits 
or citrus trees shall be permitted to pass over 
the said quarantined lines so hereby estab- 
lished and proclaimed. 

Hereafter, and until further notice, All citrus 
fruits and citrus trees from the aforementioned 
state and island are denied admittance into the 
state of California, and upon the arrival of any 
such fruits or trees as quarantined against in 
this order the same shall be immediately sent 
out of the state, or destroyed, at the option 
and expense of the owner, consignee or agent. 
All deputies of the State Commissioner of 
Horticulture or state quarantine guardians are 
hereby empowered to carry out the provisions 
of this order. 

A. J. Cook, 
State Commissioner of Horticulture. 

Approved : 
Hiram W. Johnson, 

Governor of the State of California. 

Dated March 16, 1914. 



HORTICUI/fURAI, STATUTES. 57 

QUARANTINE ORDER No. 24. 

Pertaining to Tulare County points of entry. 

Amendment to Order No. 22 adding the Ship- 
towns of Woodlake, Lemon Cove, and Spring- ^ery 
ville to the list of Tulare County inspection stock 
points. into 

(Issued December 7, 1914. Amended by Order No. 27.) coun ty, 

QUARANTINE ORDER No. 25. 

Pertaining to potato eelworm (Heterodera 
radicicola). 

(Revocation of Quarantine Order No. 7.) 

Whereas, Quarantine Order No. 6 was duly Potato 
issued by the state of California against the ee l worm - 
potato eelworm, Heterodera radicicola, and at 
the time of its issuance was deemed necessary 
for the protection of the state of California; 
and 

Whereas, Thereafter on December 23, 1911, 
Quarantine Order No. 7 was declared revoking 
Order No. 6, and containing certain qualifica- 
tions or conditions; and 

Whereas, Occasion no longer exists for the 
qualifications or conditions of Quarantine 
Order No. 7; 

Therefore, Quarantine Order No. 7 is hereD}' 
revoked. 

It is urged, however, that all potatoes, 
whether home grown or from any other states 
be carefully inspected and that any infested 
with eelworm be rigorously excluded. 

(Signed) A. J. Cook, 
State Commissioner of Horticulture. 

Approved : 
Hiram W. Johnson, 
Governor of the State of California. 

Sacramento, California, December 12, 1914. 



58 HORTICULTURAL STATUTES. 

QUARANTINE ORDER No. 26. 

(With Regulations.) 

Pertaining to Mexican cotton boll weevil. 

Cotton Whereas, The fact has been determined by 
weevil ^ e State Commissioner of Horticulture that an 
injurious insect known as the Mexican cotton 
boll weevil (Anthonomus grandis Boh.), new 
to and not hitherto known to exist within and 
throughout the state of California, exists in 
several states of the United States ; 

Now, Therefore, It is declared necessary in 
order to prevent the introduction of the Mexi- 
can cotton boll weevil into the state of Cali- 
fornia that a horticultural quarantine be and 
the same is hereby established in accordance 
with the provisions of section 231% of the 
Political Code of the state of California against 
cotton seed of all species and varieties im- 
ported or brought into the state of California 
from any other state or locality whatsoever, 
except as hereinafter provided. 

REGULATIONS GOVERNING ENTRY OF COTTON SEED 
INTO THE STATE OF CALIFORNIA. 

Regulation I. Cotton seed grown in any 
state or locality known to be infested with the 
Mexican cotton boll weevil is hereby prohibited 
from entering the state of California for any 
purpose whatsoever, and upon the arrival of 
any such cotton seed as quarantined against 
in this order, the same shall be immediately 
sent out of the state or destroyed at the option 
and expense of the owner, consignee or agent. 

Regulation 2. Cotton seed grown in any 
state or locality where the Mexican cotton boil 
weevil is not known to exist will be admitted 
into the state of California only for actual ex- 
periments in the growing of cotton in amounts 
not to exceed one hundred pounds. Persons 
contemplating the importing or bringing into 
the state of California cotton seed for experi- 



HORTICULTURAL STATUTES. 59 

mental purposes shall first make application to 9°^ m 
the State Commissioner of Horticulture for a w ° ev ji # 
permit, stating in the application the name and 
address of the exporter, the locality where the 
cotton seed was grown, the amount of the im- 
portation and the name and address of the 
importer in the state of California to whom 
the permit should be sent. 

Regulation 3. Cotton seed imported or 
brought into the state of California under per- 
mit issued by the State Commissioner of 
Horticulture shall have each package or con- 
tainer in the shipment plainly and correctly 
marked to show the number of the permit, the 
quantity of the contents, the state and locality 
where grown, the name and address of the 
exporter and the name and address of the 
consignee. 

Regulation 4. Railroad cars that have been 
used for the transportation of cotton, cotton 
lint or cotton seed must immediately upon 
arrival at California points be thoroughly 
cleaned of all cotton seed, and such cotton 
seed shall be burned when removed from the 
car. All such cars found at any point in Cali- 
fornia containing cotton seed in or upon any 
of the parts thereof shall be amenable to all 
the regulations of this order, and shall be 
placed in quarantine by the State Commis- 
sioner of Horticulture until said cotton seed 
is destroyed and the car passed as clean by a 
state quarantine officer. 

All deputies of the State Commissioner of 
Horticulture or state quarantine guardians are 
hereby empowered to carry out the provisions 
of this order. 

The foregoing regulations do not apply to 
the experiments of the United States Depart- 
ment of Agriculture in the state of California. 

This order supersedes Quarantine Order 



60 HORTICULTURAL STATUTES. 

No. 19, under date of January 31, 1913, and 
shall take effect immediately. 

A. J. Cook, 
State Commissioner of Horticulture. 
Approved : 
Hiram W. Johnson, 
Governor of the State of California. 
Adopted January 4, 1915. 

AMENDMENT No. 1 TO QUARANTINE 

ORDER No. 26. 

Pertaining to cotton boll weevil. 

Cotton Thg following facts have been determined 
weevil, by the State Commissioner of Horticulture, 
to wit : 

The cotton boll weevil (Anthonomus grandis 
Boh.) is not known to exist in the state of 
Arizona; the state of Arizona has declared 
and is maintaining a quarantine against the en- 
trance into the state of Arizona of the cotton 
boll weevil (Anthonomus grandis Boh.) ; and 
that the best interests of the cotton growers 
of the state of California require the introduc- 
tion of Egyptian cotton seed grown in the 
county of Maricopa, Arizona. 

Now, Therefore, It is declared that until 
further orders Egyptian cotton seed grown in 
the county of Maricopa, Arizona, may be im- 
ported into the state of California subject to 
the following regulations : 

Regulation i. Persons contemplating the 
importing or bringing into the state of Cali- 
fornia cotton seed grown in the county of 
Maricopa, Arizona, shall first make application 
to the State Commissioner of Horticulture of 
California for a permit to so do, stating in the 
application the name and address of the ex- 
porter, the locality where the cotton seed was 
grown, the amount of the importation, and the 
name and address of the importer in the state 



HORTICULTURAL STATUTES. 61 

of California to whom the permit should bepotton 

cpnf boU 

°** I1U . m weeviL 

Regulation 2. All persons importing or 
bringing into the state of California, cotton 
seed grown in the county of Maricopa, Arizona, 
shall secure in triplicate for each importation 
of cotton seed a certificate signed by the ento- 
mologist of the state of Arizona, setting forth 
the locality where the cotton seed, covered by 
the certificate, was grown. One copy of such 
certificate is to be filed with the State Com- 
missioner of Horticulture of the state of Cali- 
fornia, one copy to be delivered to the State 
Quarantine Guardian before release of ship- 
ment of cotton seed to consignee, and one copy 
to be retained by the importer of the cotton 
seed. 

The foregoing regulations do not apply to 
the experiments of the United States Depart- 
ment of Agriculture in the state of California. 

Quarantine Order No. 26 is amended accord- 
ingly. 

G. H. HeckE, 
State Commissioner of Horticulture. 

Approved : 

Hiram W. Johnson, 
Governor of the State of California. 

Issued February 16, 1917. 



QUARANTINE ORDER No. 27. 

(Tulare County. See Order No. 3.) 

Quarantine Order No. 24, under date of Ship- 
December 7, 1914, is hereby amended to read m f^° f 
r ,, ' ' J . nursery 

as follows: stock 

Whereas, Quarantine Order No. 24, Tulare into 
County, California, only permitted fruit and™^ y 
nursery stock and plants to be delivered at 
Porterville, Exeter, Lindsay, Tulare, Visalia, 
Ducor, Dinuba, Cutler, Pixley, Angiola, Terra 
Bella, Strathmore, Sultana, Tipton, Goshen, 
Farmersville, Richgrove, Woodlake, Lemon 
Cove and Springville; and 



62 



HORTICULTURAL STATUTES. 



Ship- 
ment of 
nursery 
stock 
into 
Tulare 
county. 



WhErEas, Seville now has an agent; there- 
fore, 

It is hereby ordered and declared, That all 
the stations named, above be places for de- 
livery of nursery stock, fruit trees, fruit and 
plants, which, if found free from insects or 
disease, will be released by the deputy quaran- 
tine officer of said count}^. 

(Signed) A. J. Cook, 
State Commissioner of Horticulture. 
Approved : . 

Hiram W. Johnson, 
Governor of the State of California. 
Sacramento, California, March 9, 1915. 



Canker 
of citrus 
fruits. 



QUARANTINE ORDER No. 28. 

Pertaining to canker of citrus fruits and citrus 
trees. 

September 21, 1916. 

The fact has been determined by the State 
Commissioner of Horticulture that a contagious 
disease, injurious to citrus fruits and citrus 
trees, known as citrus canker (Pseudomonas 
citri), new to and not heretofore prevalent or 
distributed in the state of California, exists in 
several states of the United States, and that 
the nature of this disease is so virulent as to 
cause the United States Department of Agri- 
culture to issue a quarantine against the intro- 
duction of citrus nursery stock of every 
variety from all foreign countries. 

Now, Therefore, It is declared necessary, in 
order to prevent the introduction of citrus 
canker into the state of California, that a 
horticultural quarantine be and the same is 
hereby established at the boundaries of the 
state of California, in accordance with the pro- 
visions of section 2319b of the Political Code 
of the state of California, against all citrus 
fruits and citrus trees of every variety, in- 
cluding buds and scions, imported or brought 



HORTICULTURAL STATUTES. 63 

from any state or territory of the United Canter 
States ; and no such citrus fruits or citrus trees fruits? 13 
shall be permitted to pass over the said quar- 
antine lines so hereby established and pro- 
claimed. 

Hereafter, and until further notice, All 
citrus fruits and citrus trees, including buds 
and scions, from the aforementioned states and 
territories are denied admittance into the state 
of California, and upon the arrival of any 
such fruits or trees as quarantined against in 
this order, the same shall be immediately sent 
out of the state, or destroyed, at the option 
and expense of the owner, consignee or agent. 
All deputies of the State Commissioner of 
Horticulture, and state quarantine guardians 
are hereby empowered to carry out the pro- 
visions of this order. 

The foregoing regulations do not apply to 
the experiments of the United States Depart- 
ment of Agriculture in the state of California. 

Geo. P. Weu>on, 

Acting State Commissioner of Horticulture. 

Approved : 

Hiram W. Johnson, 
Governor of the State of California. 

AMENDMENT No. 1 TO QUARANTINE 
ORDER No. 28. 
Pertaining to citrus canker. 

The fact has been determined by the State Canker 
Commissioner of Horticulture, that the state fi^s" 18 
of Arizona has declared and is maintaining a 
quarantine against the entrance into the state 
of Arizona of all host fruits and host plants 
of the citrus canker (Pseudomonas citri), and 
that the citrus canker does not exist in the 
state of Arizona. 

Therefore it is declared that until further 
orders the state of Arizona is exempted from 
the regulations of Quarantine Order No. 28. 



HORTICULTURAL STATUTES. 

Quarantine Order No. 28 is amended accord- 
ingly. 

G. H. Hecke, 
State Commissioner of Horticulture. 
Approved November 28, 1916. 
Hiram W. Johnson, 

Governor of the State of California. 

QUARANTINE ORDER No. 29. 

(With Regulations) 
Pertaining to alfalfa weevil. 

The fact has been determined by the State 
Commissioner of Horticulture that an insect 
injurious to alfalfa, known as the alfalfa weevil 
(Phytonomus posticus), new to and not here- 
tofore prevalent or distributed in the state of 
California, exists in the state of Utah and in 
certain counties in the state of Idaho, to wit : 
Cassia, Bingham, Bear Lake, Oneida, Bannock, 
Franklin and Power, and in certain counties in 
the state of Wyoming, to wit: Sweetwater, 
Uinta and Lincoln. 

Now, Therefore, It is declared necessary, in 
order to prevent the introduction of the alfalfa 
weevil into the state of California, that a horti- 
cultural quarantine be and the same is hereby 
established at the boundaries of the state of 
California, in accordance with the provisions 
of section 2319& of the Political Code of the 
state of California, against all alfalfa and other 
hay and cereal straw, agricultural emigrant 
movables, live stock, potatoes and nursery 
stock, except as hereinafter provided. 

Regulation I. Alfalfa hay and other hay of 
all kinds and cereal straws that have been 
grown or stored in the state of Utah or in the 
counties in the states of Idaho and Wyoming 
aforementioned in this order, are hereby pro- 
hibited from entering the state of California 
for any purpose whatsoever, and upon the 



HORTICULTURAL STATUTES. 65 

arrival of any such hay or straw as quaran- Alfalfa 
tined against in this order, the same shall be 
immediately sent out of the state or destroyed, 
at the option and expense of the owner or 
owners, his or their responsible agents. 

Regulation 2. Potatoes grown in the afore- 
mentioned state and counties where the alfalfa 
weevil is known to exist will be admitted into 
the state of California only when accompanied 
by an official certificate signed by the state in- 
spection officer of the state in which such ship- 
ments of potatoes originate, setting forth that 
the potatoes in the shipment have been passed 
over a screen, placed in fresh, clean sacks, and 
packed in cars that are free of alfalfa hay or 
other hay and cereal straws. 

Regulation j. All nursery and ornamental 
stock and other plants imported or brought 
into the state of California from the afore- 
mentioned state and counties, must be packed 
in fresh shavings, excelsior or other suitable 
packing (except tule, hay or straw), and that 
each shipment must be accompanied by an 
official certificate setting forth that each pack- 
age in the shipment has been fumigated for a 
period of one hour for alfalfa weevil in an air- 
tight enclosure, subsequent to being boxed, 
baled or packed for shipment, with cyanide of 
potassium or sodium at the rate of one ounce 
to each one hundred cubic feet of space. 

Regulation 4. All agricultural emigrant 
movables imported or brought into the state 
of California from the aforementioned state 
and counties must be accompanied by an official 
certificate of inspection made under oath and 
setting forth that such agricultural emigrant 
movables as enumerated in the certificate have 
been inspected and found to be free and clean 
of alfalfa hay, all other kinds of hay and 
cereal straw, at time of departure or shipment. 



5—31789 



66 HORTICULTURAL STATUTES. 

Alfalfa Regulation 5. Railroad cars that have been 
used for- the transportation of live stock in or 
through any part of the state of Utah or the 
counties in the states of Idaho or Wyoming 
aforementioned in this order must be clean 
and free of alfalfa hay, all other kinds of hay 
or cereal straw before entering the state of 
California. 

All deputies of the State Commissioner of 
Horticulture or state quarantine guardians are 
hereby empowered to carry out all the pro- 
visions of this order. 

This order supersedes Quarantine Order 
No. 20, issued February 27, 1913. 

G. H Hecke, 
State Commissioner of Horticulture. 
Approved : 
Hiram W. Johnson, 

Governor of the State of California. 
Dated, December 29, 1916. 

QUARANTINE ORDER No. 30. 
Pertaining to white pine blister rust. 

The fact has been determined by the State 
Commissioner of Horticulture that a contagious 
tree disease, known as white pine blister rust 
(Peridermium strobi, Kleb.), new to and not 
heretofore distributed within and throughout 
the state of California exists in several states 
of the United States, and that the species and 
varieties of currants and gooseberries (Ribes) 
are known to be carriers of this disease. 

Now, Therefore, It is declared necessary ,_ in 
order to prevent the introduction of white pine 
blister rust into the pine forests of the state 
of California, that a horticultural quarantine 
be and the same is hereby established at the 
boundaries of the state of California, in accord- 
ance with the provisions of section 2319& of 
the Political Code of the state of California, 
against all five-leafed pine trees, and all species 



HORTICULTURAL STATUTES. 67 

and varieties of currant and gooseberry plants White 
and cuttings, imported or brought from anyjjj^ter 
and all states and districts of the United States rust, 
east of the Mississippi river, and no such five- 
leafed pine trees, or currant or gooseberry 
plants or cuttings shall be permitted to pass 
over the said quarantine lines so hereby estab- 
lished and proclaimed. 

Hereafter, and until further notice, All five- 
leafed pine trees, and currant and gooseberry 
plants and cuttings, from any and all states and 
districts of the United States east of the 
Mississippi river are denied admittance into 
the state of California, and upon the arrival 
of any such trees, plants or cuttings as quar- 
antined against in this order, the same shall be 
immediately sent out of the state, or destroyed, 
at the option and expense of the owner or 
owners, his or their responsible agents. All 
deputies of the State Commissioner of Horti- 
culture, and state quarantine guardians are 
hereby empowered to carry out the provisions 
of this order. 

G. H. HeckE, 
State Commissioner of Horticulture. 

Approved February 1, 1917. 
Hiram W. Johnson, 

Governor of the State of California. 



QUARANTINE REGULATIONS. 

REGULATION No. 1. 
Pertaining to peach yellows and peach rosette; 

Prohibiting the transportation of shipment Pe ach 
into California of all peach, nectarine orpg^ s ' 
apricot trees, or cuttings, grafts, scions, buds rosette, 
or pits of such trees or any trees budded or 
grafted upon peach stock, etc., from states 
affected. Distribution shown on map. 

(Issued March 29, 1913. Superseded by Regulation 
No. S.) 



68 HORTICULTURAL STATUTES. 



REGULATION No. 2. 
Pertaining to melanose of citrus fruits. 

The presence of the fungus known as mel- 
anose found in citrus fruits sent into Cali- 
fornia considered sufficient cause to reject the 
shipment 
(Issued May 23, 1913. Superseded by Order No. 23.) 



Melan- 
ose. 



Mediter- 
ranean 



REGULATION No. 3. 

Pertaining to inspection of automobile tops on 
ships from Hawaii. 

The fact has been determined by the State 
fruit fly. Commissioner of Horticulture that the horti- 
cultural quarantine officers at the port of San 
Francisco have found the pupae of flies in the 
folded tops of automobiles arriving from points 
in Hawaiian Territory, and recognizing the 
possibility of the mature larvae of the Med- 
iterranean fruit fly dropping from infested 
fruit on trees beneath which automobiles may 
have halted while traversing through Hawaii, 
and the apparent danger of introducing this 
pest into California through this source ; there- 
fore, 

Notice is hereby given, That under authority 
granted me by section 1 of the act of Jan- 
uary 2, 1912 (Stats. Ex. Sess. 1911, page 434), 
that all quarantine officers, acting under 
authority of the State Commissioner of Horti- 
culture, are instructed to make inspection of 
the tops of automobiles received at the port of 
San Francisco, or any other California port, 
from points in Hawaiian Territory to discover 
whether the same contain any such injurious 
insects or eggs, larvae, pupae or adults, and for 
that purpose to detain such automobiles until 
such inspection may be completed. 

(Signed) A. J. Cook, 
State Commissioner of Horticulture. 
Sacramento, California, September 13, 1913. 



HORTICULTURAL STATUTES. 69 

REGULATION No. 4. 

Pertaining to peach yellows and peach rosette. 

Same as Regulation Xo. 1, with the addition p ea ch 
of the states and territories quarantined yellows, 
against. ^ e c t h te- 

(Issued October 25, 1913. Superseded by Order No. 5.) 

REGULATION No. 5. 
Pertaining to peach yellows and peach rosette. 

To all state horticultural quarantine officers 

and state quarantine guardians : 

Quarantine Circular No. 4 is hereby amended 
to read as follows :• 

With a view to the proper and full applica- ^ ch 
tion of all the provisions set forth in section 6^1^ ' 
of the state quarantine law, the State Com- rosette, 
missioner of Horticulture of California has 
caused diligent and continuous inquiry (cover- 
ing a period of two years) to be made at all 
sources of information, both official and other- 
wise, concerning the distribution of the dis- 
eases known as ''peach yellows" and "con- 
tagious peach rosette" in and throughout the 
United States In digesting the information 
received from these sources upon this matter 
full consideration has been given to the in- 
sidious character of these diseases and the 
admitted impossibility of detecting the pres- 
ence of the same in nursery stock or in young 
orchards. With a keen realization of these 
facts, as also the apparent indefinite knowledge 
of the exact extent of infected localities, as 
expressed by the officials of these states, it 
was decided as a matter of the greatest pro- 
tection to the horticultural interests of Cali- 
fornia to use state lines as boundaries of in- 
fected districts as expressed in section 6 of the 
state quarantine law. 

Based upon the information acquired from 
these official sources up to the present time it 



70 HORTICULTURAL STATUTES. 

Peach nas been determined that the area to which all 
peach^' °f ^e provisions set forth in section 6 shall 
rosette, apply is outlined as follows : The states of 
Massachusetts, Connecticut, Rhode Island, 
New York, New Jersey, Delaware, Maryland, 
Pennsylvania, West Virginia, Virginia, North 
Carolina, Tennessee, Kentucky, Mississippi, 
Ohio, Michigan, Indiana, Illinois, Arkansas, 
Nevada, Florida and the province of Ontario 
in Canada. 

Until further orders all state horticultural 
quarantine officers and state quarantine guard- 
ians are hereby directed to refuse admittance 
into the state of California of all peach, nec- 
tarine, or apricot trees or cuttings, grafts, 
scions, buds or pits of such trees, or any 
trees budded or grafted upon peach stock or 
peach roots grown at or that have been in 
anv district within the aforementioned area. 
(Signed) A. J. Cook, 
State Commissioner of Horticulture. 
Sacramento, California, October 30, 1913. 



QUARANTINE REGULATION No. 6. 

Pertaining to chestnut bark disease. 

Chestnut The fact has been determined by the State 
Commissioner of Horticulture that a virulent 
disease of chestnut trees known as chestnut 
bark disease (Endothia parasitica Murr.), new 
to and not known to exist in the state of Cali- 
fornia, is widely distributed in several states 
of the United States, and that this disease can 
readilv be transported on nursery stock. 

Therefore, all state quarantine guardians are 
hereby urged to be especially diligent in exam- 
ining chestnut trees imported into the state of 
California. 

The following description taken from the 
Year Book of the Department of Agriculture 
for 1912 is here quoted for guidance at time 



bark 
disease 



HORTICULTURAL STATUTES. 71 

of making inspection of imported chestnut Chestnut 
trees : diseases. 

"Nursery trees affected by the bark disease 
rarely show it prominently at the time when 
thev are shipped ; the threads of conidia or the 
yellow or orange pustules are rarely present, 
and usually all the inspector can find is a small, 
slightly depressed, dark-colored area of dead 
bark, usually near the ground, which is easily 
overlooked or mistaken for some insignificant 
injury. Upon cutting into such a spot the 
inner bark shows a most characteristic disor- 
ganized 'punky' appearance nuite different 
from that of any other bark injury. Occasion- 
allv a yellowish brown or reddish band or 
blotch, either girdling or partly girdling the 
young tree, may be seen, which is very charac- 
teristic." 

All state quarantine guardians are hereby 
requested to segregate and hold any and all 
chestnut trees showing symptoms as described 
above, and forward samples in tight containers 
to the Quarantine Office at San Francisco for 
determination. 

(Signed) G. H. HeckE, 
State Commissioner of Horticulture. 

Issued December 4, 1916. 



72 



HORTICULTURAL STATUTES. 



Free 

from 

insects 

and 

fungous 

diseases. 

Fruit 
sold in 
bulk. 



Defini- 
tions. 



FRESH FRUIT STANDARDIZATION 
LAW. 

An act to promote the development of the 
California fresh fruit industry in state and 
interstate markets, and to protect the state's 
reputation in these markets by establishing 
a standard for the packing of certain fresh 
fruits specified therein, and to prevent decep- 
tion in the packing, prescribing penalties for 
violation of the provisions hereof, and re- 
pealing all acts inconsistent herewith. 

[Approved May 24, 1917. In effect July 27.. 1917.] 

The people of the State of California do enact 
as follows: 

Section 1. To promote the development of 
the California fresh fruit industry and to pre- 
vent deception in packing for state or inter- 
state shipment, there is hereby created and 
established a "standard" for the packing of 
fresh fruits of the kinds specified in this act. 

Sec. 2. Unless specifically excepted in this 
act, all of its provisions shall be applicable to 
all fresh fruits specified herein when packed, 
shipped, delivered for shipment, offered for 
sale or sold in any container or subcontainer. 

SEC. 3. All fresh fruits of. the kinds speci- 
fied in this act when packed shall be practically 
free from insects and fungous diseases. 

Sec. 4. All fresh fruits of the kind specified 
in this act, except citrus fruits, which shall be 
sold in bulk or loose in the box or in any 
other manner, excepting in standardized packs 
as provided in this act (excepting grapes, 
which must conform to the sugar standards 
provided in section eight a hereof), shall be 
exempt from the provisions of this act. 

Sec. 5. When used in this act the words 
herein mentioned shall be defined as follows : 
"Pack, packing or packed," shall mean the 



HORTICULTURAL STATUTES. 73 

regular compact arrangement of all or part of 
the fruit in aiw container or subcontainer used 
for the purpose of sale or transportation for 
sale. The words "in bulk or loose in the box 
without packing" shall mean the indiscriminate 
placing without any thought of regular 
arrangement of any of the kinds of fresh fruit 
mentioned in this act into a box, wagon or 
other receptacle used for the nurpose of sale 
or transportation for sale. 

The words "fresh fruit" shall mean the fresh Defini- 
product of any tree, vine or plant mentioned tions - 
in this act. 

The word "maturity" shall mean a degree of 
ripeness fit for shipment. 

The word "county" includes a consolidated 
"city and county." 

The word "container" shall mean any box, 
crate or other package used to hold or contain 
packed fresh fruit. 

The word "subcontainer" shall mean any 
basket or other receptacle used within a con- 
tainer of packed fresh fruit. 

SEC. 6. All cherries packed in containers or Cherries, 
subcontainers shall contain cherries well 
colored, of practically uniform size, quality, 
and maturity and one variety only, excepting 
that such containers may contain more than 
one variety if such fact be plainly stamped on 
the outside thereof with the words "mixed 
varieties" with letters not less than one-half 
inch high. Each container or subcontainer 
shall be stamped on the outside with the mini- 
mum weight of contents and the container 
shall have the name of variety or varieties 
stamped thereon. 

Sec. 7. Peaches, apricots, pears, quinces, Peaches, 
tomatoes, plums and prunes when packed shall etr - 
be of practically uniform size, quality and 
maturity. When packed' in containers made 
up of two or more subcontainers having 
sloping sides, for the purpose of ventilation of 



74 HORTICULTURAL, STATUTES. 

Varia- the fresh fruit therein, the contents shall not 
sizlfand varv i n si ze niore than ten per cent in each 
count. layer, and not more than twenty per cent in 
the whole subcontainer, and no layer below the 
top layer shall contain a greater numerical 
count than the top layer. Each container or 
subcontainer shall be stamped upon the out- 
side with the minimum weight of its contents. 
Each container shall bear in plain letters the 
name of the variety contained therein. When 
packed in a container having perpendicular 
sides and ends,, each shall contain approxi- 
mately the same numerical count in each layer ; 
provided, that when peaches are packed in con- 
tainers having perpendicular sides the con- 
tainer shall also be marked upon the outside 
of the end thereof in plain figures with the 
approximate number of peaches in the box, 
which shall be within four peaches of the true 
count. 
Lug When the fresh fruits mentioned in this 

boxes, section are packed in containers known to the 
trade as "lug" boxes, the provisions of this 
section appertaining to variety, numerical 
count and marking shall not apply. 
Grapes. Slc. 8a. Table grapes, when packed, shall 
be of practically uniform quality and shall be 
well matured and show a sugar content of not 
less than seventeen per cent Balling scale, ex- 
cept Emperor, Gros Coleman and Cornichon, 
which shall show not less than sixteen per cent 
Balling scale. Each crate or package except 
subcontainers shall be stamped in plain letters 
with the name of the variety of grapes therein. 
Each container, or subcontainer, shall be 
stamped in plain figures and letters upon one 
end with a minimum net weight, and no con- 
tainer or subcontainer shall contain less than 
the minimum stamped thereon. Irregular con- 
tainers in addition thereto, shall be plainly 
marked "irregular" and have the actual gross 
weight stamped thereon. 



HORTICULTURAL STATUTES. 75 

Sec. 8b. The standard containers for table Grape 
grapes when packed shall be : tainers. 

1. Standard crate, which after packing when 
measured at the end, shall not exceed five 
inches between the top and bottom and when 
measured in the center shall not exceed five 
and three-fourths inches between the top and 
bottom and containing a minimum net weight 
of not less than twenty-four pounds. 

2. Double crates containing a minimum net 
weight of not less than forty-eight pounds. 

3. One-half crates containing a minimum net 
weight of not less than twelve pounds. 

4. Thirty pound lugs containing a minimum 
net weight of not less than twenty pounds. 

5. Forty pound lugs containing a minimum 
net weight of not less than thirty-two pounds. 

6. Fifty pound lugs containing a minimum 
net weight of not less than forty-two pounds. 

7. Williams lugs containing a minimum net 
weight of not less than twenty-four pounds. 

8. Kegs or drums packed with sawdust or 
other preserving material, containing a mini- 
mum net weight of not less than twenty-nine 
pounds and a maximum net weight of not 
more than thirty-five pounds. 

9. All other containers of table grapes shall 
be "irregular" containers. 

Sec. 9. The standard container for berries Berries, 
shall be: Dry quart containing an interior 
capacity of sixty-seven and two-tenths cubic 
inches, or dry pint containing an interior 
capacity of thirty-three and six-tenths cubic 
inches, or dry one-half pint containing an in- 
terior capacity of sixteen and eight-tenths 
cubic inches, or baskets four and one-half by 
four and one-half by two and one-fourth in 
depth, or baskets four and one-half by four 
and one-half by two in depth, or baskets four 
and one-half by four and one-half by one and 
three-eighths in depth ; all measurements are in 
inches or fractions thereof. All other sizes 



76 HORTICULTURAL STATUTES. 

shall be marked "irregular." When packed, 

the berries in any container or subcontainer 

shall be practically uniform throughout the 

container, or subcontainer, in quality, color 

and maturity. Irregular containers shall be 

-. marked "irregular." 

Canta- SEC. 10. Cantaloupes packed in containers 

loupes. as follows shall be known as standard packed: 

Standard crates twelve by twelve by twenty- 
two and one-half inches containing forty-rive 
or thirty-six cantaloupes ; 

Pony crates eleven by eleven by twenty-two 
and one-half inches containing forty-five or 
fifty-four cantaloupes ; 

Jumbo crates thirteen by thirteen by twenty- 
two and one-half inches containing thirty-six 
or forty-five cantaloupes ; 

Standard flats four by twelve by twenty-two 
and one-half inches containing twelve or fifteen 
cantaloupes ; 

Jumbo flats four and one-half by thirteen 
and one-half by twenty-two and one-half 
inches containing twelve or fifteen cantaloupes. 

All measurements herein to be inside meas- 
urements without distention. 

All other sizes of containers when packed 
shall be marked "irregular." All standard 
packs shall be marked "standard." All con- 
tainers when packed shall have the number of 
cantaloupes contained therein stamped in plain 
figures on the label end of the crates with 
figures not less than one-half inch high. All 
cantaloupes when packed shall be fully netted 
of uniform size, firm and mature, free from 
bruises and practically free from aphis honey 
dew and other defects. 
Citrus Sec. 11a. It shall be unlawful for any one 

fruits. tQ se j^ Q ffer for sale, ship or deliver for ship- 
ment any citrus fruits, which are immature or 
frozen to the extent of injuring the reputation 
of the citrus industry of the State of California 
if shipped, and for any one to receive any 



HORTICULTURAL STATUTES. 11 

such citrus fruits under a contract of sale, or Citrus 
for the purpose of sale, or for shipment, or for 
delivery for shipment ; provided, hozvever, that 
nothing in this section contained shall be con- 
strued to prevent the sale or shipment for sale 
of frozen or otherwise defective fruit to a 
by-product factory, or the manufacture thereof 
into citrus by-products ; nor shall this section 
apply to the sale, or contract for sale, of citrus 
fruits on the trees, nor shall it apply to com- 
mon carriers or their agents who are not in- 
terested in such fruits and are merely receiving 
the same for transportation. 

Sec. lib. An orange shall be deemed prop- 
erly matured for sale, or to be offered for sale, 
for shipment, or to be offered for shipment, 
under the provisions of this act, either when 
the juice contains soluble solids equal to, or in 
excess of, eight parts to every part of acid 
contained in the juice, the acidity of the juice 
to be calculated as citric acid without water 
of crystallization, or when the orange is sub- 
stantially colored on the tree. The foregoing 
provisions shall not apply to shipments of 
oranges to foreign countries other than the 
Dominion of Canada, during any season, pro- 
vided such shipments are made after the first 
day of November. 

Sec. 12. All containers of fruit of a kind Labeling 
specified in this act, except subcontainers, when ° f . con " 
packed and offered for sale, shall bear upon 
them in plain sight and in plain letters on the 
outside thereof, the name of the orchard where 
the same was produced, with the post-office 
address thereof, or the name and post-office 
address of the person, firm, company or corpo- 
ration, or organization who shall have first 
packed or authorized the packing of the same, 
or the name under which such packer shall be 
engaged in business, together with the post- 
office address of such oacker. 



78 



HORTICULTURAL STATUTES. 



Inspec- 
tor of 
fruits, 
duties 
of. 



Inspec- 
tors in 
chief of 
fresh 
fruits. 



Appoint- 
ment of 
inspec- 
tors in 
counties 
where no 
commis- 
sioner is 
present. 



Sec. 13. The office of "inspector of fresh 
fruits" is hereby created for each and every 
county in the state. The horticultural commis- 
sioner of each county, and all deputy horticul- 
tural commissioners shall be ex officio inspec- 
tors of fresh fruits thereof, and the district 
inspectors under each County horticultural 
commissioner are ex officio "deputy inspectors 
of fresh fruits" in their respective districts. 
The board of supervisors shall appoint as 
many deputy "inspectors of fresh fruits" as 
are necessary to carry out the provisions of 
this act. Their term of office shall be for such 
time as is deemed necessary by said board of 
supervisors. For the purpose of creating and 
securing unity in inspection, the offices of "in- 
spectors in chief of fresh fruits" are hereby 
created, and the state commissioner of horti- 
culture and his chief deputy, for the purposes 
of this act, are hereby made ex officio such in- 
spectors in chief and shall, where there is a 
dispute or difference between the inspectors of 
fresh fruits of two or more counties, or where, 
the interpretation of inspection standards be- 
tween two or more counties differs materially, 
have the power and authority to settle the dis- 
pute between the inspectors of fresh fruit of 
such counties and to fix reasonable standards 
between such counties where thev materially 
differ. 

Sec. 14. If in any county or city and county 
of this state, there is no commissioner of horti- 
culture, it shall be the duty of the board of 
supervisors thereof to appoint an inspector of 
fresh fruits and such deputy inspectors of 
fresh fruits as the said board of supervisors 
shall deem necessary. Such inspectors and 
deputy inspectors of fresh fruits shall be ap- 
pointed to serve for such time during each 
year as fresh fruits are being packed or shipped 
in said county or city and county. The salary 
of an inspector of fresh fruits shall be five 



HORTICULTURAL STATUTES. 79 

dollars per day and necessary traveling ex- 
penses. The salary of a deputy inspector of 
fresh fruits shall be three dollars and fifty 
cents per day and necessary traveling expenses. 

Sec. 15 In case the board of supervisors of Failure 
any county, or city and county, shall fail or°' 
neglect, for thirty days after receipt of a visors to 
written request from the state commissioner of appoint 
horticulture, to appoint an inspector of fresh " spec ° 
fruits, or necessary deputy inspectors of fresh fruits, 
fruits for such county, or city and county, then 
the said state commissioner of horticulture 
shall forthwith assign to said county, or city 
and county, one or more deputy state commis- 
sioners of horticulture, as he shall deem neces- 
sary, and such deputy or deputies shall per- 
form all of the duties, within the said county 
or city and county to which assigned, as is 
provided in this act to be performed by an in- 
spector of fresh fruits. The actual cost of 
services rendered by an inspector or deputy 
inspector, as the case may be, of fresh fruits, 
assigned to any county in pursuance hereof, 
together with his necessary traveling expenses 
shall be a county charge and shall be paid in 
the same manner in which other claims against 
the county are paid. 

SEC. 16. The board of supervisors shall Power of 
remove any inspector of fresh fruits and the^ S Q^" to 
inspector of fresh fruits shall remove any remove 
deputy upon proper showing of neglect of fruitin ; 
duty, malfeasance in office, or general unfit- 
ness for office. Whenever a vacancy in the 
office of inspector of fresh fruits or deputy 
inspector of fresh fruits occurs, the vacancy 
shall immediately be filled by the appointing 
power. 

SEC. 17a. Every inspector of fresh fruits powers 
and every deputy inspector of fresh fruits shall .° f fruit 
have power to enter and to inspect every place org Pec " 
within the county for which he has been ap- 
pointed where any fruit mentioned in this act 



80 



HORTICULTURAL STATUTES. 



Duties 
of in- 
spectors. 



Duty of 
district 
attor- 
ney. 

Bight of 

refusal 
to ship 
fruit 
packed 
in viola- 
tion of 
this act. 



is produced, packed, shipped, delivered for 
shipment, offered for sale or sold, and to in- 
spect such places and all such fruits and the 
containers thereof and the equipment found in 
any such places. 

Sec. 17b. It shall be the duty of the inspec- 
tors or deputy inspectors of fresh fruit in their 
respective districts to enforce the provisions 
of this act and to cause the prosecution of any 
person, firm, corporation or organization, 
whom they know or have reason to believe is 
guilty of the violation of its provisions. 

Sec. 17c. An inspector or deputy inspector 
of fresh fruits in the performance of their 
duties shall have the same powers as are pos- 
sessed by peace officers of ,the city, county or 
state and shall have the right while exercising 
such police powers to seize and hold as evi- 
dence such amount of any pack, load, consign- 
ment or shipment of fresh fruit packed in 
violation of this act, as may in his judgment 
be necessary to secure the conviction of the 
party he knows or believes has violated or is 
violating this act. 

Sec. 17 d. It shall be the duty of the district 
attorney of each and every county in the state 
to prosecute all persons charged with any vio- 
lation of this act. 

Sec. 18. It shall be lawful for any fresh 
fruit forwarding person, firm, corporation or 
organization and for any common carrier to 
decline to accept for shipment or transporta- 
tion and to decline to ship or transport any 
fresh fruits which upon inspection are found 
to be packed in violation of the provisions of 
this act, and any such fruit forwarder or com- 
mon carrier may reserve the right in any 
receipt, bill of lading or other writing given to 
the consignor, thereof, to reject for shipment 
and to return to such consignor or hold at the 
expense and risk of the latter, all fresh fruits 



HORTICULTURAL STATUTES. 81 

which upon inspection are found to be packed 
in violation of the provisions of this act. 

Sec. 19. No person, firm, corporation, com-Viola- 
pany or organization shall pack or cause to be tion - 
packed for sale or shipment, or shall ship or 
sell or offer for sale fruit which, or the con- 
tainer or subcontainer in which, the same shall 
be contained, shall in any respect fail to com- 
ply with the requirements of this act. 

Any person, firm, corporation, company or 
organization who shall violate the provisions 
of this act shall be deemed to be guilty of a 
misdemeanor. 

Sec. 20. All laws in conflict with this act 
or any part thereof are hereby repealed only 
in so far as they may conflict with any of the 
provisions of this act. 

Sec. 21. If any section, subsection, sentence, Consti- 
clause, or phrase of this act is for any reason ^y 11 " 
held to be unconstitutional, such decision shall 
not affect the validity of the remaining por- 
tions of this act. The legislature hereby de- 
lares that it would have passed this act, and 
each section, subsection, sentence, clause, or 
phrase thereof, irrespective of the fact that any 
one or more other sections, subsections, sen- 
tences, clauses or phrases be declared uncon- 
stitutional. 



6—31789 



82 HORTICULTURAL STATUTES. 

APPLE STANDARDIZATION LAW. 

An act to establish standards for the packing 
and marketing of apples, forbidding the sale 
of certain infected and diseased apples, pro- 
viding for its enforcement, -fixing penalties 
for its violation, and making an appropria- 
tion to carry into effect the provisions 
thereof, and repealing an act entitled "An 
act to establish a standard for the packing 
and marketing of apples, fixing penalties for 
the violation of its provisions, and providing 
for its enforcement and making an appro- 
priation to carry into effect the provisions 
hereof" approved June 10, 1915. 

[Approved May 7, 1917. In effect July 27, 1917.] 

The people of the State of California do enact 
as follows: 

Stand- Section 1. This act shall be known, and for 
ard 1 any and all purposes may be designated and 
act* referred to, as "The standard apple act of 

1917." 
Stand- Sec. 2. The following standard grades are 
trades hereby established for apples, packed, shipped, 
delivered for shipment, offered for sale or sold, 
in the State of California, when contained in 
closed packages : 
Cali- (a) The "California Fancy" grade shall con- 

Fancy s * st °^ a PPl es °f well-grown, properly matured 
grade. specimens of one variety, hand-picked, with 
stems retained therein, well colored for the 
variety, uniform in size, well packed, and shall 
be free from insect pests, diseases, visible rot, 
visible dry rot, visible Baldwin spot, insect 
bites, bruises and other defects, except such 
bruises and defects as are necessarily caused 
in the operation of packing, and virtually free 
from dirt ; provided, however, that a variation 
from the said standard, as to insect pests, dis- 
eases, dry rot, Baldwin spot, insect bites, 



HORTICULTURAL STATUTES. 83 

bruises and other defects, shall be allowed, not 
to exceed ten per cent total of such defects in 
any one package, nor to exceed three per cent 
of any one such defect ; and provided, further, 
that a variation in size of the apples shall be 
allowed, not to exceed three-eighths of one 
inch, as the same may be measured by the 
smallest diameter thereof. 

(b) The "B grade" shall consist of apples of " B '' 
well-grown, properly matured specimens of gra e ' 
one variety, hand-picked, uniform in size, well 
packed, free from insect pests, diseases, visible 
rot, visible dry rot, visible Baldwin spot, insect 
bites, sun scald and frost bite more than skin 
deep, and bruises resulting . in the breaking 

of the skin and virtually free from dirt ; pro- 
vided, however, that insect bites which have 
healed in the process of maturity of the apple, 
and slightly misshapen apples shall be per- 
mitted in this grade ; that a variation in size of 
the apples shall be allowed, not to exceed three- 
eighths of one inch, as the same may be 
measured by the smallest diameter thereof, and 
that a variation from the said standard, as to 
insect pests, diseases, dry rot, Baldwin spots, 
bruises and other defects, shall be allowed, not 
to exceed ten per cent total of such defects in 
any one package, nor to exceed three per cent 
of an}^ one such defect. 

(c) The "C grade" shall consist of apples "0" 
of properly matured specimens of one variety, grade - 
free from insect pests, visible rot, visible dry 
rot, visible Baldwin spots and diseases ; pro- 
vided, however, that a variation from said 
standard as to insect pests, dry rot, Baldwin 
spots and diseases, shall be allowed, not to 
exceed ten per cent total of such defects in 
any one package, nor to exceed three per cent 

of any one such defect. 

Sec. 3. Every closed package in which any state- 
apples are packed, shipped, delivered for ship- mei ^ on 
ment, offered for sale or sold, in the State ofj^. 



84 HORTICULTURAL STATUTES. 

State- California, shall bear upon the outside thereof, 
f^ on and on the labeled or branded end, in plain 
box. words or figures and in the English language, 
the following : The grade of the apples therein 
contained, as herein defined, the designation of 
grade, when the stamps hereinafter provided 
for are not used, being stated in letters not 
smaller than thirty-six point type, that is, not 
less than one-half inch in height ; the number 
of apples contained in the package or the net 
weight of the apples contained therein; the 
variety of the apples contained in the package, 
unless the variety be unknown to the packer, 
in which case the variety shall be stated as 
unknown ; the name and business address of 
the person, firm, company, organization or cor- 
poration, who first packed or caused the same 
to be packed, and, if repacked, the name and 
address of the person, firm, company, organiza- 
tion or corporation who repacked the same or 
caused them to be repacked ; the date when 
such apples were first packed, or if repacked, 
the date of repacking; provided, however, that 
a variation of five apples, more or less, than 
the number stated, shall be allowed. 
Apples gj> c> 4 n person, firm, company, organiza- 
^th tion or corporation, shall sell or offer for sale, 
standard within the State of California, any apples 
musUbe ^beled, designated, invoiced or represented to 
packed be, of "California Fancy" or "B" or "C" grade, 
in whether contained in closed packages or other- 

ance w i se > unless the same shall conform to the 
svith standard for such grade herein established ; 
act. provided, however, that nothing herein con- 
tained shall prevent the grading of Gravenstein 
apples as '"California Fancy," though the stems 
be not retained therein. 
Disposi- Sec. 5. No person, firm, company, organiza- 
diseased ^ on or corporation, shall import into this state, 
apples, or sell, barter, offer for sale or have in his 
possession for sale, any apples infected with 
any insect pest or the pupae or larvae thereof or 



HORTlCUIvTURAI, STATUTES. 85 

any disease ; provided, however, that this sec- 
tion shall not be construed to prevent a grower 
of fruit so infected in the State of California 
from selling the same, as a part of his crop, in 
bulk, to a packer, or to prevent a grower or 
packer from manufacturing the same into an 
apple by-product, or from selling the same to 
the operator of a by-product factory for the 
purpose of such manufacture ; and provided, 
further, that the provisions of this section shall 
be construed to be limited by the variations 
allowed by the terms of section two of this act. 

Sec. 6. No statement, figure, design or de- state * 
vice, appearing upon any container in which ^ S X 
apples are sold, bartered, or offered for sale, must 
or in which apples are packed for sale or ship- n( ! tbe 
ment, or upon the brand or lining of any such leading, 
container, or upon the wrapper of any apple 
therein contained, or upon any sign or placard 
used in connection therewith and having refer- 
ence to the apples contained, shall be false or 
misleading, in any particular. The word 
"Fancy" shall not be used with reference to 
any apples the grade of which does not con- 
form to the standard for "California Fancy" 
as in this act defined. 

SEC. 7. The state commissioner of horticul- Powers 
ture of California shall be charged with the^^j 
enforcement of the provisions of this act, andcommis- 
for that purpose shall have power : sioner. 

(a) To enter and to inspect every place 
within the State of California where apples are 
produced, packed, shipped, delivered for ship- 
ment, offered for sale or sold, and to inspect 
such places and all apples and apple containers 
and equipment found in any such place. 

(b) To design, and cause to be printed or 
lithographed, suitable uniform stamps to be 
used on packages containing apples of the 
various grades, standards for which are estab- 
lished by the terms of this act, to sell the same 



HORTICULTURAL STATUTES. 



Powers 
of horti- 
cultural 
commis- 
sioner. 



as hereinafter provided, and to prescribe the 
method of canceling the same. 

(c) In accordance with the provisions of the 
civil service law of this state, to appoint, super- 
intend, control and discharge such chief in- 
spectors and subordinate inspectors as in his 
discretion may be deemed to be necessary, for 
the special purpose of enforcing the terms of 
this act, to prescribe their duties, and, in con- 
junction with the board of control, to fix their 
compensation, provided that no chief inspector 
shall be paid more than seven dollars per day 
and no subordinate inspector more than five 
dollars per day. 

(d) Personally, or through any deputy or 
any such inspector, to seize and retain posses- 
sion of, any apples or apple boxes packed, 
shipped, delivered for shipment, offered for 
sale or sold, in violation of any of the pro- 
visions of this act. 

(e) In the name of the people of the State 
of California to cause to be instituted and to 
prosecute, in the superior court of any county 
or city and county of the State of California, 
in which apples packed, shipped, delivered for 
shipment, offered for sale or sold, in violation 
of any of the provisions of this act, may be 
found, an action or actions for the condemna- 
tion of apples as provided in section thirteen 
of this act. 

Sec 8. The stamps designed and provided 
by the state commissioner of horticulture of 
California, as provided by section seven of this 
act, by him shall be placed on sale and sold to 
any person who may apply therefor, at the 
price of one-half cent each. All moneys re- 
ceived by him from the sale of such stamps 
shall be paid over to the treasurer of the State 
of California, who shall deposit the same to 
the credit of a fund to be used exclusively for 
the payment of the expenses of enforcing the 



HORTICULTURAL STATUTES. 87 

provisions of this act, and to be paid out only 
upon claims approved by the state commis- 
sioner of horticulture of California and by the 
board of control. 

Sec. 9. The inspectors appointed by thelnspec- 
state commissioner of horticulture of Cali- tors ' 
fornia, as in section seven hereof provided, 
shall be citizens of the United States, and of 
the State of California, not less than twenty- 
one years of age, shall be skilled in the inspec- 
tion of apples, and have a thorough knowledge 
of insect pests and diseases commonly preying 
upon such fruit ; they shall have power to 
enter and to inspect every place within the 
State of California where apples are produced, 
packed, shipped, delivered for shipment, offered 
for sale or sold, and to inspect all such places 
and apples and apple containers, found in airy 
such place ; and shall perform such other duties 
as may be prescribed by the state commissioner 
of horticulture of California, or by law. 

The said commissioner shall assign such in- 
spectors to such territory, within the state, as 
he may see fit ; provided, that when the stamps 
purchased for any year by packers in any town, 
city or district, shall yield a sum of money 
sufficient to pa}- the expense thereof, such com- 
missioner shall assign one inspector or more 
for special duty in such town, city or district, 
during the packing season of that year, or for 
a longer period, if deemed to be necessary; 
and provided, further, that in the discretion of 
said horticultural commissioner, he may refuse 
to permit inspection of fruit at the place where 
same is being packed if packed by any person, 
firm, company, organization or corporation who 
shall not make use of the stamps hereinabove 
provided for upon the packages of ''California 
Fancy," "B" and "C" grade apples packed by 
him or it. 



88 HORTICULTURAL STATUTES. 

Re- Sec. 10. No container to or on which is at- 

tacking tacked an y S uch stamp or on which shall appear 
apples in the designation of grade as "California Fancy," 

Mdcon " B " & rade or " C " S rade > sha11 be used as the 
taiiers." container of any apples, other than those orig- 
inally packed therein, until such stamp or grade 
designation has been removed ; provided, that 
when apples are repacked, without the addition 
of new stock, other than stock of the same 
grade and from the same lot of which the 
. package or packages repacked is or are a part, 
the same containers may be used without re- 
moving the stamps or grade designations. 
Inspec- g£ C> ii. No person, firm, company, organi- 
author- zation or corporation, shall refuse to permit 
ized. the state commissioner of horticulture of Cali- 
fornia, or any of his duly appointed deputies, 
or any inspector duly appointed by said com- 
missioner under the provisions of this act, to 
enter or to inspect any place within the State 
of California where apples are produced, 
packed, shipped, delivered for shipment, offered 
for sale or sold, or to inspect such places, or 
any apples or apple containers or any equip- 
ment found there. 
Penalty. Sec. 12. Any person, firm, company, organi- 
zation or corporation, who shall violate any of 
the provisions of this act shall be punishable by 
a fine of not less than fifty dollars nor more 
than five hundred dollars, or by imprisonment 
in the county jail for a period of not more 
than six months, or by both such fine and 
imprisonment. 
Offering Sec. 13. Any apples packed, shipped, de- 

vi^+L 1 ,? livered for shipment, offered for sale or sold, 
violation . . ■ , *; ' . , .. ... 

of act. in violation of any of the provisions of this 

act, and the containers in which they may be, 

shall be deemed to be a public nuisance, may 

be seized by said commissioner of horticulture, 

or his deputy, or by any inspector appointed 

under the provisions of this act, or by any 

county horticultural commissioner or his 



HORTICULTURAL STATUTES. 89 

deputy, and by order of the superior court of 
the county or city and county within which the 
same may be found, shall be condemned and 
destroyed or released upon such conditons as 
the court in its discretion may impose to in- 
sure that they will not be packed, shipped, de- 
livered for shipment, offered for sale or sold 
in violation of any of the provisions of this act. 

Sec. 14. No person, firm, company, organi- Guaran- 
zation or corporation, shall be convicted of a tee of 
violation of any provision of this act, if he£"™ ph " 
shall establish a guaranty, signed by the per- with 
son, firm, company, organization, or corpora- act - 
tion, residing or lawfully engaged in business 
in the State of California, by or for whom the 
apples in question were originally packed, or 
repacked, to the effect that the apples, con- 
tainer, brand and label in question comply in 
all respects with the provisions of this act, and 
in addition, shall establish that the same are 
in substantially the same condition, in every 
respect, as they were when they were delivered 
out of the possession of such packer, and that 
the accused was not aware that such apples, 
container, brand or label, were or was in any 
respect in violation of any provision of this 
act. The signature to such guaranty may be 
printed, when done by the authority of the 
signer.. To afford protection, such guaranty, 
in form and substance, must be substantially 
as follows : 

"The undersigned guarantees that (this box Formof 
or other package of apples or the boxes orf" e aran " 
other packages of apples mentioned in this, or 
the attached invoice, or all boxes or other 
packages of apples packed or repacked by the 
undersigned), comply, in all respects with the 
standard apple act of 1917. (Signature of the 
packer, with statement as to whether packer is 
firm, company, organization or corporation and 
business address.)" 



90 HORTICULTURAL STATUTES. 

Where the guaranty is used on each separate 
box, it may consist of the legend, "guaranteed 
by the packer, under the standard apple act 
of 1917," printed, stamped or written on the 
labeled or branded end of the package. 
d"tric°t SEC. 15. It shall be the duty of the district 
attor- C attorney of the county, or city and county, in 
ney. which any violation of this act may occur, to 
prosecute the person, firm, company, organiza- 
tion or corporation accused of such violation, 
and also, at the request of the state commis- 
sioner of horticulture, or any one of his depu- 
ties, to institute and prosecute such actions for 
condemnation as may be authorized under the 
provisions of this act. 
^lawful § EC 16 No act which is made unlawful by 
ma( j e any provision of an act of the legislature of the 
lawful. State of California, entitled, "An act for pre- 
venting the manufacture, sale or transportation 
of adulterated, mislabeled or misbranded foods 
and liquors and regulating the traffic therein, 
providing penalties, establishing a state labora- 
tory for foods, liquors and drugs and making 
an appropriation therefor," approved March 11, 
1907, or any amendment thereto, shall be 
deemed lawful by reason of any provision of 
this act ; nor shall this act be construed in any 
respect to limit the powers of the state board 
of health. 
Appro- Sec. 17. The sum of five thousand dollars 
priation. ($5,000) is hereby appropriated out of any 
money in the state treasury, not otherwise 
appropriated for the payment of the cost of 
printing, lithographing, stationery, stamps, 
clerical assistance, traveling expenses and 
salaries of inspectors and office rentals, in- 
curred by the state commissioner of horticul- 
ture in the enforcement of this act during the 
fiscal years commencing July 1, 1917, and 
July 1, 1918, respectively. The state controller 
is hereby authorized to draw his warrants for 



HORTICULTURAL STATUTES. 91 

the sum herein appropriated in favor of said 
commissioner and the state treasurer is hereby- 
directed to pay the same. 

Sec. 18. If any section, subsection, sentence, Consti- 
clause or phrase of this act is for any reason t ^. i ° n " 
held to be unconstitutional such decision shall 
not affect the validity of the remaining por- 
tions of this act. The legislature hereby de- 
clares that it would have passed this act, and 
each section, subsection, sentence, clause and 
phrase thereof, irrespective of the fact that 
any one or more other sections, subsections, 
sentences, clauses or phrases be declared un- 
constitutional. 

Sec 19. An act entitled "An act to estab- 
lish a standard for the packing and marketing 
of apples, fixing penalties for the violation of 
its provisions, and providing for its enforce- 
ment and making an appropriation to carry 
into effect the provisions hereof," approved 
June 10, 1915, is hereby repealed. 



CERTIFIED SEED POTATO LAW. 

An act to establish a standard for California 
certified seed potatoes and to prevent the sale 
of other potatoes as California certified seed 
potatoes, making the violation of this act a 
misdemeanor and fixing a penalty therefor. 

[Approved May 24, 1915.] 

The people of the State of California do enact 
as follows: 

Section 1. No potatoes shall be sold in the 
State of California as California certified seed 
potatoes except those which have been in- 



92 HORTICULTURAL STATUTES. 

spected and certified to in accordance with the 
following requirements : 
Inspec- ( a ) fhg growing potato crop shall be in- 
potato spected by an inspector who shall be appointed 
crops. in accordance with the provisions of section 
three once during the blooming period of the 
plants and again as the plants begin to mature, 
but before forty per cent of the plants are 
dead. A third inspection shall be made after 
the crop has been harvested and graded. 
fields 111 W P° tat0 fields showing a mixture of 
disquali- more than two hundred and fifty hills per acre 
fied. with any other variety or varieties, or showing 
more than five hundred weak hills, or more 
than fifty hills affected with blackleg (Bacillus 
phytophthorus Appel) shall be disqualified for 
certification, unless such mixed and weak or 
diseased hills shall be removed from the fields 
at this time under the supervision of the in- 
spector. 
Certain (c) At the time of the second inspection the 
^ ops ' inspector shall dig, or cause to be dug under 
second his supervision, and weigh at least one hundred 
inspec- hi\\s per acre, and if five per cent of the hills 
disq'uali- so dug shall each weigh less than thirty per 
fied. cent of the weight of an average hill, the crop 

shall be disqualified for certification. 
Keq ^ re " (d) After the crop has been graded it shall 
after be inspected and shall meet the following re- 
crop is quirements : 

graded. /-p^ se i ec ted potatoes after being graded shall 
be free from any infestation of eelworms 
(Heterodera radiciola), larva of tuber moth 
(Phthorimoea operculella Zeller), or infection 
of wart disease (Synchitrium endobioticum 
Perc), or powdery scab (Spongospora solani 
Brunch.), and shall be practically free from net 
necrosis or infection of late blight (Phytoph- 
thora infestans De By.). They shall be in the 
judgment of the inspector free from serious 
infection of scab (Oospora scabies Thax.) or 
Rhizoctonia, with not over five per cent light 



HORTICULTURAL STATUTES. 93 

infection of scab (Oospora scabies Thax.) or 
ten per cent light infection of Rhizoctonia. 
They shall not contain more than eight per 
cent light infection of wilt diseases (Fusarium 
oxysporum or Verticillium alboatrum Reink. 
and Berth.), and not over two per cent of deep 
infection of wilt {Fusarium oxysporum or 
Verticillium alboatrum Reink. and Berth.). 
The}^ shall also be free from any mixture of 
colors or distinct types, and shall be reasonably 
sound and free from cuts or bruises or second 
growth, and shall conform in shape to the 
varietal type. Not over five per cent of the 
tubers shall weigh less than one and three- 
fourths ounces and not over five per cent shall 
weigh more than twelve ounces. 

Sec. 2. The owner of potatoes which meetCertifl- 
the requirements as stated in section one of cat ^ for 
this act shall be given by the inspector at the po t a toes 
time of making the last inspection a certificate meeting 
stating that such potatoes have been inspected ^g"^ 6 " 
by him in accordance with the provisions of 
this act and that they meet all the requirements 
as California certified seed potatoes. All po- 
tatoes sold as California certified seed potatoes 
shall bear on the package or container the 
certificate of inspection, which shall state the 
net weight of contents at time of packing, the 
date of inspection, and the date of packing. 
The inspector shall determine the weight of 
the potatoes which have passed inspection and 
are eligible for certification and shall only issue 
to the grower, sufficient certificates to label 
this amount of seed. 

Sec. 3. The matter of inspection shall be in inspec- 
charge of the state commissioner of horticul- ^ ^ 
ture, and the cost of inspection shall be borne G Qi w&i 
by the grower of the potatoes inspected. commis- 

Sec. 4. Any one who shall violate any of ^ i0 °? r of 
the provisions of this act shall upon conviction culture, 
be deemed guilty of a misdemeanor, and shall 
be punished as provided in section nineteen of 
the Penal Code. 



94 HORTICULTURAL, STATUTES. 

DATE PALM LAW. 

An act to regulate the distribution of date 
palms and date palm offshoots and to hold 
the same in quarantine under the supervision 
of the state commissioner of horticulture 
until they are free from Marlatt scale 
(Phoenicococcus marlatti) and Blanchard 
scale (Parlatoria blanchardii) when intro- 
duced from, or grown in, any infested locality 
within this state or from other states, or if 
of foreign introduction, after they have been 
released by the. federal horticultural board, 
and to fix a penalty for violation of this act. 
[Approved April 2, 1915.] 

The people of the State of California do enact 
as follows: 

Planting Section 1. It shall be unlawful for any per- 
° f f a son ' or P ersons > their agent or agents, employee 
date 6 or employees, possessing or owning date palms 
palms or date palm offshoots, or who may introduce 
£!£: , palms from any region of this state, or any 
other state, or from foreign countries after 
they have been released by federal authorities, 
which are infested with either of the two 
scales (Phoenicococcus marlatti) and (Parla- 
toria blanchardii), to place or plant the same 
except under the supervision and direction of 
the state quarantine guardian of the county 
where the said date palms or date palm off- 
shoots have been introduced. 
Unlawful Skc. 2. It shall also be unlawful for any 
person, or persons, their agent or agents, em- 
ployee, or employees, to move any date palms 
or date palm offshoots after the same have 
been planted until permission is granted by the 
aforesaid state quarantine guardian, or until 
inspection has shown that the said date palms 
or date palm offshoots are entirely clean of the 
Marlatt scale (Phoenicococcus marlatti}, and 
the Blanchard scale (Parlatoria blanchardii), 



to 

remove 

palms. 



HORTICULTURAL STATUTES. 95 

which fact shall be ascertained by the aforesaid 
state quarantine guardian, when he may con- 
sent to the removal, either to an infested dis- 
trict or to an uninfested district. 

SEC. 3. Any one who shall violate any of Penalty ' 
the provisions of this act shall upon conviction 
be deemed guilty of a misdemeanor. 



ACT RELATING TO THE PACKING 
AND SALE OF RAISINS. 

An act to prevent deception in the manufac- 
ture, packing and sale of raisins, and pro- 
viding a penalty for the violation thereof. 

[Approved May 4, 1915. In effect September 1, 1916.] 

The people of the State of California do enact 
as follows: 



es 



Section 1. It shall be unlawful for any per- Package 
son, firm or corporation to sell, offer for sale, ^sins 
expose for sale, or have in his possession with to 
intent to sell, any box, package or carton con- indicate 
taining seeded raisins, which box, package or^'g^pe 
carton shall have indicated thereon the fact from 
that the same does contain raisins, unless it wh M^ 
shall in addition to such indication have plainly 
and conspicuously marked thereon the variety 
of grape from which the raisins contained in 
such box, package or carton are manufactured 
or produced. 

Sec. 2. Any person who shall violate any of Viola- 
the provisions of this act shall be guilty of a tion - 
misdemeanor, and upon conviction shall be 
punished by a fine of not more than two hun- penalty, 
dred dollars, or by imprisonment in the county 
jail for not more than sixty days, or by both 
such fine and imprisonment. 

Sec. 3. This act shall take effect Septem- 
ber 1. 1916. 



96 HORTICULTURAL STATUTES. 

JOHNSON GRASS. 

This law on Johnson grass is now effectively opera- 
tive only in counties where there is no county 
board of horticultural commissioners or .where there 
is no county horticultural commissioner. 

An act to prevent the propagation by the pro- 
duction of seed, of that certain plant known 
as Sorghum halepense, otherzvise known as 
Johnson grass. 

[Approved March 20, 1903. Amended March 22, 1907.] 

Unlawful Section 1. It shall be unlawful for any per- 
^ .. son owning, controlling, leasing, or possessing 
noxious land in the State of California, to knowingly 
weeds to permit that certain grass known as Sorghum 
mature. f ia l e p enS e, otherwise known as Johnson grass, 
Cnicus arvensis, otherwise known as Canadian 
thistle, Salsoli kali, otherwise known as Russian 
thistle, Onopordon acanthium, otherwise known 
as Scotch thistle, and Cnicus lanceolaius. 
otherwise known as bull thistle, to mature and 
disseminate its seed on land so owned, leased 
or possessed by such person. 
Seed S£ C- 2. It shall be unlawful for any person 

nofbe knowingly to sow or disseminate, or cause to 
sown on be sown or disseminated, any seed of Sorghum 
lands, halepense, otherwise known as Johnson grass, 
Cnicus arvensis, otherwise known as Canadian 
thistle, Salsoli kali, otherwise known as Rus- 
sian thistle, Onopordon acanthium, otherwise 
known as Scotch thistle, and Cnicus lanceo- 
latus, otherwise known as bull thistle, upon 
any land owned or possessed by another. 
Same, as Sec. 3. It shall be unlawful for any person 
w°ays t0 knowingly sow, disseminate, or cause or 
and permit to be disseminated any seed of Sor- 
ditches. gj ium halepense, otherwise known as Johnson 
grass, Cnicus arvensis, otherwise known as 
Canadian thistle, Salsoli kali, otherwise known 
as Russian thistle, Onopordon acanthium, 
otherwise known as Scotch thistle, and Cnicus 
lanceolatus, otherwise known as bull thistle, 



HORTICULTURAL STATUTES. 97 

over or along any roadway, highway, or right 
of way for ditch purposes, adjacent to prem- 
ises owned or possessed by him. 

SEC. 4. Any person upon being duly con- Penalty. 
victed of a violation of any of the preceding 
sections of this act, shall be guilty of a- mis- 
demeanor, and may be fined in a sum not ex- 
ceeding one hundred dollars, or by imprison- 
ment in the county jail, for a term not exceed- 
ing three months. 

(Section 4 of the amendment approved March 22, 
1907, reads : "All acts and parts of acts inconsistent 
with the provisions of this act are hereby repealed.") 

Sec. 5. This act shall take effect and be in 
force from and after its passage. 

INSECTICIDE AND FUNGICIDE LAW. 

[Approved May 1, 1911.] 

Section 1. That it shall be unlawful foruniaw- 
any person to manufacture within this state ful to 
any insecticide, paris green, lead arsenic, or 15^?"" 
fungicide which is adulterated or misbranded a dul- 
within the meaning of this act ; and any per- terated 
son who shall violate any of the provisions of ^f^ 1 ' 
this section shall be guilty of a misdemeanor, 
and shall, upon conviction thereof, be fined not Penalty, 
to exceed two hundred dollars for the first 
offense, and upon conviction for each subse- 
quent offense be fined not to exceed three hun- 
dred dollars, or sentenced to imprisonment for 
not to exceed one year, or both such fine and 
imprisonment, in the discretion of the court. pj nes 
Said fines and those specified in section 2 of paid 
this act to be paid into the school fund of the in *° . 
county in which conviction is had. fund. 

Sec. 2. Any person who shall offer to de- uniaw- 
liver to any other person or any person who |^ t0 
shall sell or offer for sale in this state any adui- 
such adulterated or misbranded insecticide or ^^. 
paris green or lead arsenate or fungicide cide. 

7—31789 



98 



HORTICULTURAL STATUTES. 



Penalty 
for sale 
of adul- 
terated 
insecti- 
cide. 



Article 

for 

export. 



Exami- 
nation 
of speci- 
mens. 



which is adulterated or misbranded within the 
meaning of this act, or export or offer to ex- 
port the same to any foreign country shall be 
guilty of a misdemeanor, and for such offense 
be fined not exceeding two hundred dollars 
for the first offense, and upon conviction for 
each subsequent offense not exceeding three 
hundred dollars, or to be imprisoned not ex- 
ceeding one year, or both, in the discretion of 
the court ; provided, that no article shall be 
deemed misbranded or adulterated within the 
provisions of this act when intended for ex- 
port to any foreign country and prepared or 
packed, according to the specifications or direc- 
tions of the foreign purchaser ; but if said 
article shall be in fact sold or offered for sale 
for domestic use or consumption, then this 
proviso shall not exempt said article from the 
operation of any of the provisions of this act. 
Sec. 3. The examination of specimens of 
insecticides, paris greens, lead arsenates and 
fungicides shall be made by the director of the 
agricultural experiment station of the Uni- 
versity of California, in person or by deputy, 
for the purpose of determining from such ex- 
amination whether such articles are adul- 
terated or misbranded within the meaning of 
this act; and if it shall appear from any such 
examination that any of such specimens are 
adulterated or misbranded within the meaning 
of this act, the said director shall cause notice 
thereof to be given to the party from whom 
such sample was obtained. Any party so noti- 
fied shall be given an opportunity to be heard 
under the rules and regulations adopted by the 
United States government for the enforcement 
of the national insecticide act of 1910, and if 
it appears that any of the provisions of this 
act have been violated by such party, then the 
said director shall at once certify the facts to 
the proper district attorney, with a copy of the 
results of the analysis or the examination of 



HORTICUI/TURAI, STATUTES. 99 

such article duly authenticated by the analyst 
or officer making such examination, under the 
oath of such officer. After judgment of the 
court, notice shall be given by publication in 
such manner as the said director may deter- 
mine. 

Sec. 4. That it shall be the duty of each Duty of 
district attorne3^ to whom the said director ^^_ ct 
shall report any violation of this act or pre- n eyto 
sent satisfactory evidences of any such viola- prose- 
tion, to cause appropriate proceedings to be ' 
commenced and prosecuted in the proper 
courts of the State of California without de- 
lay, for the enforcement of the penalties as in 
such case herein provided. 

SEC. 5. In any action, civil or criminal, in Evidence 
any court in this state, a certificate, under the^™?| r 
hand of said director, and the seal of said 
university, stating the results of any analysis 
purporting to have been made under the pro- 
visions of this act, shall be prima facie evi- 
dence of the fact that the sample or samples 
mentioned in said analysis or certificate were 
properly analyzed as in this act provided ; that 
the substances analyzed contained the com- 
ponent parts stated in such certificate and 
analysis ; and that the samples were taken 
from the parcels or packages or lots men- 
tioned or described in said certificate. 

Sec. 6. That the term "insecticide" as used Defini- 
in this act shall include anv substance or mix- £ ons: 

r 7 lliSGC'" 

ture of substances intended to be used for pre- tk-ide." 
venting, destroying, repelling or mitigating any 
insects which may infest vegetation, man or 
other animals, or households, or be present in 
any environment whatsoever. The term "paris "Paris 
green" as used in this act shall include the * reen -" 
product sold in commerce as paris green and 
chemically known as the aceto-arsenite of cop- 
per. The term "lead arsenate" as used in this "Lead 
act shall include the product or products sold ^ e "" 
in commerce as lead arsenate and consisting 



100 



HORTICULTURAL STATUTES. 



"Fungi- 
cide." 



Adul- 
terated 
paris 
green. 



Adul- 
terated 
lead 
arsenate. 



Other 
insecti- 
cides. 



chemically of products derived from arsenic 
acid (H 3 As0.i) by replacing one or more hy- 
drogen atoms by lead. That the. term "fungi- 
cide" as used in this act shall include any sub- 
stance or mixture of substances intended to be 
used for preventing, destroying, repelling, or 
mitigating any and all fungi that may infest 
vegetation or be present in any environment 
whatsoever. 

Sec. 7. That for the purpose of this act an 
article shall be deemed to be adulterated — 

In the case of paris green : First, if it does 
not contain at least fifty per centum of arsen- 
ious oxide ; second, if it contains arsenic in 
water-soluble forms equivalent to more than 
three and one-half per centum of arsenious 
oxide ; third, if any substance has been mixed 
and packed with it so as to reduce or lower or 
injuriously affect its quality or strength. 

In the case of lead arsenate: First, if it 
contains more than fifty per centum of water ; 
second, if it contains total arsenic equivalent 
to less than twelve and one-half per centum 
of arsenic oxide (AS2O5) ; third, if it contains 
arsenic in water-soluble forms equivalent to 
more than seventy-five one-hundredths per 
centum of arsenic oxide (As 2 5 ) ; fourth, if 
any substances have been mixed and packed 
with it so as to reduce, lower, or injuriously 
affect its quality or strength ; provided, how- 
ever, that extra water may be added to lead 
arsenate (as described in this paragraph) if 
the resulting mixture is labeled lead arsenate- 
and water, the percentage of extra water being 
plainly and correctly stated on the label. 

In the case of insecticides or fungicides, 
other than paris green and lead arsenate : 
First, if its strength or purity fall below the 
professed standard or quality under which it 
is sold ; second, if any substance has been sub- 
stituted wholly or in part for the article ; third, 
if any valuable constitutent of the article has 



HORTICUI/TURAI, STATUTES. 101 

been wholly or in part abstracted ; fourth, if 
it is intended for use on vegetation and shall 
contain any substance or substances which, 
although preventing, destroying, repelling, or 
mitigating insects, shall be injurious to such 
vegetation when used. 

SEC. 8. That the term "misbranded" asj^Jk; 
used herein shall apply to all insecticides, ef j» 
paris greens, lead arsenates, or fungicides or defined, 
articles which enter into the composition of in- 
secticides or fungicides, the package or label 
of which shall bear any statement, design or 
device regarding such article or the ingredi- 
ents or substances contained therein which 
shall be false or misleading in any particular, 
and to all insecticides, paris greens, lead ar- 
senates, or fungicides which are falsely 
branded as to the state, territory, or country 
in which they are manufactured or produced. 

That for the purpose of this act an article 
shall be deemed to be misbranded — 

In the case of insecticides, paris greens, leadMis- 
arsenates, and fungicides : First, if it be an branded 
imitation or offered for sale under the name ^g 1_ 
of another article ; second, if it be labeled or 
branded so as to deceive or mislead the pur- 
chaser, or if the contents of the package as 
originally put up shall have been removed in 
whole or in part and other contents shall have 
been placed in such package ; third, if in pack- 
age form, and the contents are stated in terms 
of weight or measure they are not plainly and 
correctly stated on the outside of the package. 

In the case of insecticides (other than paris others 
greens and lead arsenates) and fungicides : paris 
First, if it contains arsenic in any of its com- green, 
binations or in the elemental form and the etc - 
total amount of arsenic present (expressed as 
per centum of metallic arsenic) is not stated 
on the label ; second, if it contains arsenic in 
any of its combinations or in the elemental 



102 HORTICULTURAL STATUTES. 

branded ^ orm and the amount of arsenic in water- 
insecti- soluble forms (expressed as per centum of 
cides metallic arsenic) is not stated on the label; 
than" third, if it consists partially or completely of 
pans an inert substance or substances which do not 
green, prevent, destroy, repel or mitigate insects or 
fungi and does not have the names and per- 
centage amounts of each and every one of 
such inert ingredients plainly and correctly 
stated on the label ; provided, however, that in 
lieu of naming and stating the percentage 
amount of each and every inert ingredient the 
producer may at his discretion state plainly 
upon the label the correct names and per- 
centage amounts of each and every ingredient 
of the insecticide or fungicide having insecti- 
cidal or fungicidal properties, and make no 
mention of the inert ingredients, except in so 
far as to state the total percentage of inert 
ingredients present. 

?ou e o Sec - 9 - That . no dealer sha11 be Prosecuted 

be under the provisions of this act when he can 

prose- establish a guaranty signed by the wholesaler, 
when he Jobber, manufacturer, or other party from 
can show whom he purchased such articles, to the effect 
whole- that the same is not adulterated or misbranded 
guar- S within the meaning of this act, designating it. 
anty. Said guaranty to afford protection shall con- 
tain the name and address of the party or 
parties making the sale of such articles to such 
dealer, and an itemized statement showing the 
articles purchased ; or a general guaranty may 
be filed with the secretary of the United States 
department of agriculture by the manufac- 
turer, wholesaler, jobber or other party in the 
United States and be given a serial number, 
which number shall appear on every package 
of insecticide or fungicide sold under such 
guaranty with the words "guaranteed by" (the 
name of the guarantor) under the insecticide 
act of 1910; and in such case said party or 
parties shall be amenable to the prosecutions, 



HORTICULTURAL STATUTES. 103 

fines, and other penalties which would attach 
in due course to the dealer under the pro- 
visions of this act. 

Sec. 10. That the word "person" as used in,3»" 
this act shall be construed to mean both the defined, 
plural and the singular, as the case demands, 
and shall include corporations, companies, so- 
cieties and associations. When construing and Act of 
enforcing the provisions of this act, the act, agent 
omission or failure of any officer, agent, or J^ 
other person acting for or employed by any corpora- 
corporation, company, society or association, tion - 
within the scope of his employment or office, 
shall in every case be also deemed to be the 
act, omission, or failure of such corporation, 
company, society, or association, as well as 
that of the other person. 

Sec. 11. Every lot, parcel, or package of Condi- 
commercial insecticides or fungicides or ma- * ions 
terials to be used for fungicidal or insecticidal j ng sa i e> 
purposes, sold, offered, or exposed for sale, 
within this state, shall be accompanied by a 
plainly printed label, stating the name, brand, 
and trade-mark, if any there be, under which 
the insecticide or fungicide is sold, the name 
and address of the manufacturer, importer, or 
dealer, the place of manufacture, and a chem- 
ical analysis, stating the percentages claimed 
to be therein, of the substance or substances 
alleged to have insecticidal properties, specify- 
ing the form or forms in which each is pres- 
ent, and the materials from which all con- 
stituents of the insecticides are derived. All 
analyses of substances for which methods have 
been agreed upon by the American Association 
of Official Agricultural Chemists, are to be 
made by such official methods. In the case of 
those insecticides the selling price of which is 
less than one-half cent per pound, said label 
need only give a correct general statement of 
the nature and composition of the insecticide 
it accompanies. 



104 HORTICULTURAL STATUTES. 

Manu- Sec. 12. The manufacturer, importer, agent 

selling 6 ^ °f> or dealer in any commercial insecticide, or 

insecti- materials used for insecticidal purposes, the 

cide at se lHng price of which to the consumer is not 

not less l ess than one-half cent (^2 cent) per pound, 

than one shall, before the same is offered for sale, ob- 

halfcent ta j n a certificate of registration from the sec- 

D6r . 

pound to retary of the board of regents of the University 

register, of California, countersigned by the said uni- 
versity, authorizing the sale of insecticides in 
this state, and shall securely fix to each lot, 
parcel, or package of insecticide the word 
"registered" witlr the number of registry. 
The manufacturer, importer, agent, or dealer 
obtaining such registry shall pay to the said 
secretary the sum of one dollar ($1.00), to be 
applied as provided in section 18 of this act; 
such registration shall expire on the thirtieth 
day of June of the fiscal year for which it was 
given ; provided, the provisions of this section 
shall not apply to any agent whose principals 
shall have obtained a certificate of registration 
as herein provided. Every such manufacturer, 
importer, agent, or dealer, who makes or sells, 
or offers for sale, any such substances, under 
a name or brand, shall file, on or before the 
first day of July, in each year, a statement, 
under oath, with the director of the agricul- 
tural experiment station of the University of 
California, stating such name or brand, and 
stating the component parts, in accordance 
with the provisions of section 11 of this act, 
of the substances to be sold or offered for 
sale, or manufactured under each such name 
or brand. 
Analyses Sec. 13. The said director shall annually, 
of on or before the first day of September, take 

samp e . sam pj es j n accordance with the provisions of 
section 14 hereof, of the substance made, sold, 
or offered for sale, under every such name or 
brand, and cause analyses to be made thereof 
in accordance with the provisions of section 11 



HORTICULTURAL STATUTES. 105 

hereof, and said analyses may include such Analyses 
other determinations as said director may at samples 
any time deem advisable. Dealers in or manu- 
facturers of insecticides must give free access 
to the director of the agricultural experiment 
station, or his duly authorized deputy, to all 
the materials which they may place on the 
market for sale in California. Whenever the 
analysis certified by the said director shall 
show a deficiency of not more than five per 
cent of the substance alleged to have insecti- 
cidal properties, the statement of the manufac- 
turer or importer, as required in section 11 of 
this act, shall not be deemed to be false in the 
meaning of this act ; provided, that this act 
shall not apply to sales of insecticidal materials 
made to a registered manufacturer of insecti- 
cides or to sales for export outside of this 
state ; provided, further, that the said director 
of the agricultural experiment station of the 
University of California shall, upon the receipt 
of a sample of insecticide, accompanied with 
a nominal fee of one dollar furnish to the user 
of said commercial insecticide such examina- 
tion or analysis of the sample as will substan- 
tially establish the conformity or noncon- 
formity of the said insecticide to the guarantee 
under which it was sold. 

Sec. 14. The director of the agricultural Taking 
experiment station of the University of Cali- of , 
fornia, in person or by deputy, is hereby 
authorized to take a sample, not exceeding 
two pounds in weight for analysis by the said 
director or his deputies, from any lot, parcel 
or package of insecticide or fungicide, or ma- 
terial, or mixture of materials used for insecti- 
cidal or fungicidal purposes, which may be in 
the possession of any manufacturer, importer, 
agent or dealer ; but said sample shall be 
drawn in the presence of said party or parties 
■in interest, or their representatives. In lots 



106 



HORTICULTURAL STATUTES. 



Taking 

of 

samples. 



Publica- 
tion of 
results 
of 
analyses. 



Appro- 
priation. 



Tersons 
who may 
not be 
inter- 
ested in 
sale, 
etc. 



of five tons or less, samples shall be drawn 
from at least ten packages, or, if less than ten 
packages are present, all shall be samples; in 
lots of over five tons, not less than twenty pack- 
ages shall be sampled. The samples so drawn 
shall be thoroughly mixed, and from it two equal 
samples shall be drawn and placed in glass 
vessels, carefully sealed, and a label placed on 
each, stating the name or brand of the insecti- 
cide or material sampled, the name of the 
party from whose stock the sample was drawn, 
and the time and place of drawing; and said 
label shall also be signed by the said director 
or his deputy making such inspection, and by 
the party or parties in interest, or their repre- 
sentatives present at the drawing and sealing 
of said samples. One of said duplicate samples 
shall be retained by the party whose stock was 
sampled, and the other by the director of the 
agricultural experiment station of the Uni- 
versity of California. 

Sec 15. The director of the agricultural 
experiment station of the University of Cali- 
fornia shall publish in bulletin form, from 
time to time, at least annually, the results of 
the analyses, hereinbefore provided with such 
additional information as circumstances may 
advise. 

Sec. 16. There is hereby provided for 
carrying out the purposes of this act, out of 
any moneys in the state treasury not otherwise 
appropriated, the sum of five thousand dollars 
for each fiscal year hereafter, beginning with 
the first day of July, 1911. 

Sec. 17. All persons charged with the en- 
forcement or execution of any of the pro- 
visions of this act shall not directly or indi- 
rectly be interested in the sale, manufacture or 
distribution of any insecticide or fungicide 
affected by this act. 



HORTICULTURAL STATUTES. 107 

Sec. 18. All moneys, whether received from Disposi- 
registry and analytical fees or special license ^ ° 
fees shall be paid to the secretary of the board 
of regents of the University of California for 
the use of said board in carrying out the pro- 
visions of this act. 

Sec. 19. An act to prevent fraud in the sale Re- 
of paris green used as an insecticide, chap- pealed * 
ter LIU, page 69, Statutes of 1901, is hereby 
repealed. 

Sec. 20. This act shall take effect and be in 
force from and after July 1, 1911. 



PROPER NAMING OF NURSERY 
STOCK. 

An act to provide for the proper naming of 
trees, seeds, plants, and vines, sold, offered, 
or exposed for sale in this state and pro- 
viding a penalty for the violation of this act. 

[Approved March 3, 1905.] 

The people of the State of California, repre- 
sented in senate and assembly, do enact as 

follows: 

Section 1. All trees, seeds, plants and Nursery 
vines, sold, offered or exposed for sale in the^jf be 
State of California shall be properly named as true to 
to variety and kind, and any person knowingly name, 
selling, trading, or exchanging, or offering or 
exposing for sale any trees, seeds, plants or 
vines falsely named as to variety and kind 
shall be guilty of a misdemeanor, and shall be 
liable to a fine of not less than ten dollars, nor 
more than three hundred dollars. 



108 



HORTICULTURAL STATUTES. 



Selling 
trees 
under 
false 
name 
pro- 
hibited. 



Penalty. 



Prosecu- 
tions. 



AGAINST SELLING TREES UNDER 
FALSE NAME. 

An act prohibiting the sale of any fruit tree or 
fruit trees of a certain kind, variety or de- 
scription and the delivery thereafter with 
the intent to deceive to the purchaser of a 
fruit tree or fruit trees of a different kind, 
variety or description, and providing penal- 
ties for the violation thereof, and prescribing 
the time within zuhich prosecutions under 
this act may be commenced. 

[Approved March 15, 1907.] 

Section 1. It shall be unlawful for any 
person, persons, firm or corporation, acting 
either as principal or agent, to sell, to any 
person, persons, firm or corporation any fruit 
tree or fruit trees representing same to be of 
a certain kind, variety, and description and 
thereafter to deliver to such purchaser in fill- 
ing such order and in completing such sale a 
fruit tree or fruit trees of a different kind, 
variety or description than the kind, variety 
or description of such fruit tree or fruit trees 
so ordered and sold. 

.Sec. 2. Any person violating any provisions 
of this act shall be deemed guilty of a misde- 
meanor and upon conviction shall be fined in a 
sum not less than fifty dollars ($50.00) nor 
more than five hundred dollars ($500.00), or 
by imprisonment in the county jail for not less 
than twenty days or more than six months, or 
by both fine and imprisonment. 

Sec. 3. Prosecutions under this act may be 
commenced at any time within seven years 
from the time of the delivery of such fruit 
tree or fruit trees mentioned in section one. 

Sec. 4. This act shall take effect and be in 
force from and after its passage. 



HORTICULTURAL OFFICERS. 109 



OFFICERS CALIFORNIA STATE COM- 
MISSION OF HORTICULTURE. 

EXECUTIVE OFFICE. 

Capitol Building, Sacramento. 

G. H. HeckE Commissioner 

Geo. P. Weldon Deputy Commissioner 

H. S. Maddox Secretary 

R. P. CundiFE Field Deputy 

A. S. Hoyt Field Deputy 

Miss Maude Hiett Clerk 

O. W. Newman Assistant Secretary 

Mrs. Kathleen W. Brown- Stenographer 

Miss Annette Maddox Office Assistant 



INSECTARY DIVISION. 

Capitol Park, Sacramento. 

Harry S. Smith Superintendent 

E. J. VoseER Entomological Explorer 

Harold Compere Assistant 

Mrs. E. Stephens Stenographer 

Branch Insectary. 

827 North Olive St., Alhambra. 

C. P. Clausen Assistant Superintendent 

E. J. Branigan _^ Field Deputy 



QUARANTINE DIVISION. 

San Francisco Office: Room 11, Ferry Building. 

Frederick Maskew Chief Deputy Quarantine Officer 

Geo. Compere Deputy Quarantine Officer 

B. B. Whitney Quarantine Inspector 

L- A. Whitney Quarantine Inspector 

Archie ChatterlEy Quarantine Inspector 

Stewart ChatterlEy Quarantine Inspector 

Miss Clare Dutton Stenographer and Clerk 

Los Angeles Office: Room 324, Union League Building. 
LEE A. Strong Deputy Quarantine Officer 

C. H. Vary _ Quarantine Inspector 

A. C. FlEury Quarantine Inspector 

Miss Caroline M. Deep Clerk and Typist 

San Diego Office: Court House. 
H. V. M. Hall Quarantine Inspector 



110 HORTICULTURAL OFFICERS- 

STATE BOARD OF HORTICULTURAL 
EXAMINERS. 

G. H. Hecke (State Commissioner of Horticulture) 

Chairman 

Thos. F. Hunt (Dean, College of Agriculture, Berkeley) 
Harry S. Smith (Superintendent State Insectary, 

Sacramento) Secretary 



COUNTY HORTICULTURAL COMMIS- 
SIONERS AND INSPECTORS.* 

ALAMEDA. 

Commissioner : 

Seulberger, Fred 418 14th st., Oakland 

Deputy Commissioner: 

Macdonald, D. P. T 717 Santa Ray St., Oakland 

Inspectors: 

Hunt, M. R. =, _Niles 

Petersen, Edlif : Hayward 

Tyson, W. H Niles 

BUTTE. 

Commissioner: 

Mills, Earle Oroville 

Deputy Commissioner: 

Stile, T. J.._ „ Chico 

Inspectors : 

Burleson. W. D Gridley 

Pense, W. M Paradise 

Reppert, B. F Thermalito 

Sargeant, R. S Biggs 

COLUSA. 

Commissioner: 

Boedefeld, L. R Colusa 

Inspectors: 

Fouch, Ira Williams 

Gilliam, F. B , Princeton 

Hall, Geo. Maxwell 

Peart, F. A College City 

CONTRA COSTA. 

Commissioner : 

Swett, Frank T __ Martinez 

Inspectors: 

Sellers, Geo. Oakley 

Stevens, V. G Walnut Creek 

EL DORADO. 

Commissioner: 

Hassler, J. E Placerville 

*Corrected to August 1, 1917. 



HORTICULTURAL OFFICERS. Ill 

FRESNO. 

Commissioner: 

Roullard, Fred P . Fresno 

Inspectors: 

Armstrong, James A. Selma 

Coleman, Grover E Fresno 

GLENN. 

Commissioner: 

Wren, C. Hugh Willows 

HUMBOLDT. 

Commissioner: 

Benton, John F Eureka 

Inspectors : 

Armstrong, Wm. r Eureka 

Etter, Fred J Ettersburg 

IMPERIAL. 
Commissioner: 

Waite, F. W El Centro 

Inspector: 

Stuart, R. W El Centro 

INYO. 

Commissioner: 

Nordyke, E- M Bishop 

KERN. 

Commissioner: 

Knowlton, Kent S Bakersfield 

Deputy Commissioner: 

Haupt, L. O , Bakersfield 

Inspectors : 

Buhn, Norman Bakersfield 

Brunton, C. H. Wasco 

Joos, Harry E .-. Inyokern 

Kanstein, L. J. - Tehachapi 

Schultz, Norman P Delano 

KINGS. 

Commissioner: 

Howard, Fred K Hanford 

LAKE. 

Commissioner: 

Stokes, Fred G '. Kelseyville 

LASSEN. 

Commissioner: 

Taylor, A. H Susanville 

Deputy Commissioner: 

Boggs, L. W , __. Susanville 

Inspectors : 

Matter, W. R _1 Brockman 

Montgomery, E. • • Adin 



112 HORTlCUI/TURAIv OFFICERS. 

LOS ANGELES. 

Commissioner: 

Wood, William ____Hall of Records, L. A. 

Inspectors : 

Alderman, L. R._ 950 Aliso St., L. A. 

Bowles, B. R ._, San Fernando 

Chidester, A. M __446 S. Painter St., Whittier 

Dougherty, W. E Azusa 

Edouart, Percival E--446 W. Santa Barbara av., L. A. 

Ferguson, Frank : Duarte 

Fry, I. W. . Rivera 

Gary, A. T 200 W. 47th st., L. A. 

Helmstadter, Geo. A 1028 E. Adams St., L- A. 

Hodges, J. R Covina 

Hyans, Jos. R.. RFD 2, Whittier 

Johns, Wm. 316 W. Colorado blvd., Eagle Rock 

Kell, D = 161 W. 6th st., Claremont 

Landon, Wm. E San Dimas 

Langford, E. S RFD, box 313, Glendora 

Luxton, Wilbur F., 59 S. Wilson av., PO box 561, 
Station B., Pasadena. 

Marleau, John B 327 E. Pico St., L. A. 

Mashmeyer, J. W PO box 412, Pomona 

May, Louis E 195 S. Roosevelt st., Pasadena 

Mayet, L. H 1323 Gardner st., Hollywood 

Merlau, F. H , 636 W. 16th st., L. A. 

McMullin, W. G La Canada 

Montague, N. S ___122 E. 28th st., L. A. 

Phillipson, W. M 329 Lmwood st., Monrovia 

Rabe, Wm. Lancaster 

Rounds, Marvin B RFD 1, box 27, Monrovia 

Ryan, H. J. 789 Magnolia av., Pasadena 

Shepherd, M 2941 Raymond av., L. A. 

Smith, A. G 152 S. Lake av., Pasadena 

Spencer, S. L Covina 

Sweigart, M. W RFD 2, Whittier 

Thorndike, Jos. RFD 1, Pasadena 

Turner, Bruce 250 Cypress av., Pasadena 

MADERA. 

Commissioner: 

Marchbank, Geo. . Madera 

MARIN. 

Commissioner: 

Redmayne, Thos. P San Rafael 

MENDOCINO. 

Commissioner: 

Van Dyke, Claude Ukiah 

Inspectors: 

Brooks, S. E- Hopland 

Cotton, J. S. Fort Bragg 

Herbert, E. R —Albion 

Hughes, Nilas Ukiah 

Whitney, Frank Willits 



HORTICULTURAL OFFICERS. 113 

MERCED. 

Commissioner: 

Beers, Arthur E. . Merced 

Inspectors: 

Hitchcock, J. L,. E Livingston 

Smith, Jesse ; Eos Banos 

MODOC. 

Commissioner: 

Briles, Thos. Davis Creek 

MONTEREY. 

Commissioner: 

Hickman, J. B Aromas 

Inspectors: 

Abbott, E. K. Monterey 

Sayler, J. B Pleyto 

Silliman, W. Pacific Grove 

Tylor, A. R King City 

NAPA. 

Commissioner: 

Butler, W. D Napa 

Inspectors: 

Gebbart, W. V Napa 

Gibbs, H. L Calistoga 

Spear, E. C St. Helena 

NEVADA. 

Commissioner: 

Norton, D. F. Grass Valley 

Inspectors: 

Beaser, P. M Chicago Park 

Perkins, George B Grass Valley 

Watters, Clarence . Nevada City 

ORANGE. 

Commissioner: 

Bishop, Roy K = Santa Ana 

Inspectors: 

Paddock, E. H Orange 

Pickering, M. J La Habra 

Quigley, F. J. Yorba Linda 

Schneider, J. J. Anaheim 

Wardell, Geo. Huntington Beach 

PLACER. 

Commissioner: 
Turner, C. K. Auburn 

Inspectors: 

Crook, E- W. Lincoln 

Day, J. J Loomis 

Grondona, C. Colfax 

8—31789 



114 HORTICULTURAL OFFICERS. 

RIVERSIDE. 

Commissioner: 

Sharp, D. D. Riverside 

Inspectors : 

Avak, G..M Blythe 

Babel, Frank West Riverside 

Boyer, Bruce S. ' Coachella 

Clendenen, H. Riverside 

Corlett, W. G Arlington 

Ellis, O. D __Hemet 

Ferguson, W. A Banning 

Knight, Hugh Riverside 

Mclntyre, Wm. Riverside 

Mills, Chas. Perris 

Craft, Claude Elsinore 

Smith, H. K. . San Jacinto 

Tuthill, E. G Corona 

Wilson, G. R _" Corona 

Wilson, R. L Beaumont 

SACRAMENTO. 

Commissioner: 

Kercheval, Howard G Court House, Sacramento 

Deputy Commissioner: 

Brosius, Fred C Sacramento 

Inspectors : 

Aiken, Jesse Sacramento 

Chase, Elmore Fair Oaks 

Davis, Owen Florin 

Gage, Stanley , Elk Grove 

SAN BENITO. 

Commissioner: 

Day, Leonard H Hollister 

SAN BERNARDINO. 

Commissioner: 

Coy, John P Court House, San Bernardino 

Inspectors: 

Bolser, S. J Rialto 

Donnelly, Charles Etiwanda 

Fletcher, F. A Victorville 

Fox, W. R Colton 

Hadley, Walter B Redlands 

Howell, Sam Chino 

Hundley, J. B Yucaipa 

Motsinger, Charles Cucamonga 

Paine, Charles T Crafton 

Perrin, Charles A Upland 

Roddick, Davis Highland 

Spies, H. A Ontario 

Taylor, A. S Redlands 



HORTICULTURAL OFFICERS. 115 

SAN DIEGO. 

Commissioner: 

Armitage, H. M Court House, San Diego 

Inspectors: _ ., 

Dodd, T. V - ____Oceanside 

Evans, F. W Fscondido 

Gorton, G. R San Diego 

McLean, R. R San Diego 

SAN FRANCISCO. 

Commissioner: , 

Moulton, Dudley, Board of Supervisors, Clerk s 
Office, San Francisco. 

SAN JOAQUIN. 

Commissioner: 

Ladd, Harry H Court House, Stockton 

Inspectors: ,. 

Tubbs, R. C -— - Lodi 

Visher, D. — Stockton 

Welty, F. F Rl P° n 

SAN LUIS OBISPO. 

Commissioner: . 

Christierson, S. V. San Luis Obispo 

Inspectors: m _ ■ , , 

Henry, T. W Paso Robles 

Frazer', Lon P.— Atascadero 

Shutte, Wm. Templeton 

SAN MATEO. 
Commissioner: 

Peck, Newton San Mateo 

SANTA BARBARA. 

Commissioner: _ 

Beers C. W > Santa Barbara 

Inspectors: ■ _ , 

Bodie, Geo. N Santa Barbara 

Cooper, A. C._ Lompoc 

Olney, A. D Carpmteria 

Radford, B. _ Santa Barbara 

Ross, William Santa Barbara 

Wylie, R. C Santa Maria 

SANTA CLARA. 
Commissioner: 

Morris, Farl L San J ose 

Inspector: _, _ 

Currier, D. L San Jose 



HORTICULTURAL OFFICERS. 

SANTA CRUZ. 

Commissioner: 
Volck, W. H ^ Watsonville 

Inspectors: 

Hitchings, F. W Santa Cruz 

Hopkins, H. B Watsonville 

SHASTA, 
Commissioner: 

Lamiman, Geo. A. i. Anderson 

Inspector: 

Stroup, B. F ■_ Olinda 

SISKIYOU. 

Commissioner: 

Kleaver, W. L. ' Yreka 

SONOMA. 

Commissioner: 

Bremner, O. E Santa Rosa 

Inspectors: 

Dickson, J. B Petaluma 

Galloway, A. R Healdsburg 

Johnson, Thomas Glen Ellen 

Shelly, W. N Sebastopol 

Sutherland, R. L Santa Rosa 

STANISLAUS. 

Commissioner: 
Rutherford, A. L. Modesto 

Inspectors: 

Gray, F. C Newman 

Steward, C. E Ceres 

Wheeler, W. F Oakdale 

SUTTER. 
Commissioner: 

Stabler, H. P , Yuba City 

TEHAMA. 
Commissioner: 

Weeks, Chas. B . Red Bluff 

Inspector: 

Flourney, G. H . Corning 

TULARE. 
Commissioner: 

Collins, Chas. F Visalia 

Inspectors: 

Baird, W. P. Dinuba 

(Inspects shipments also at Cutler, Seville and 
Sultana.) 

Brann, Frank R. Lindsay 

Clark, Burt Goshen 

Doyle, C. H ; Porterville 

(Inspects shipments also at Strathmore.) 



HORTICULTURAL OFFICERS. 

Dungan, J. S. Lemon Cove 

Haire, Harry Angiola 

Klindera, F. J Tipton 

Lawson, T. T Tulare 

Marr, R. W Pixley 

Miller, H. S Richgrove 

Mitchell, M. : Ducor 

Newhouse, Oliver H. Exeter 

(Inspects shipments also at Farmersville.) 

Roeder, J. H Terra Bella 

Webb, Steve Woodlake 

Williams, C. H. , Springville 

VENTURA. 

Commissioner: 

Brock, A. A.^ Santa Paula 

Inspectors: 

Call, A. H Santa Paula 

Essig, S. H . Ventura 

French, J. N Oxnard 

Willey, T. D : Moorpark 

Wiklund, A. G Fillmore 

YOLO. 

Commissioner: 

Gould, Wm. Woodland 

Inspectors : 

Bray, James .. .Dunnigan 

Lamme, J. W Winters 

Morran, T. E Rumsey 

Murry, Sidney . Esparto 

Van Tassel, Harold PO box 199, Sacramento 

YUBA. 

Commissioner: 

Harney, G. W. Marysville 



APPENDIX. 



RELATING TO THE TERMINAL INSPECTION 
OF PLANTS AND PLANT PRODUCTS. 



ORDER OF THE POSTMASTER 
GENERAL. 



State 
shall 
provide 
for 

terminal 
inspec- 
tion at 
its own 
expense. 

Secre- 
tary of 
agri- 
culture 
must 
approve 
of list of 
plants 
subject 
to 

inspec- 
tion. 



Penalty. 



Office of the Postmaster General, 
Order No. 8760. Washington, April 2, 1915. 

The Postal Laws and Regulations, edition of 1913, 
are amended by the addition of the following, as 
section 47834: 

Sec. 478%. (a) When any state shall provide for 
terminal inspection of plants and plant products, and 
shall establish and maintain, at the sole expense of the 
state, such inspection at one or more places therein, 
the proper officials of said state may submit to the 
Secretary of Agriculture a list of plants and plant 
products and the plant pests transmitted thereby, that 
in the opinion of said officials should be subject to 
terminal inspection in order to prevent the introduc- 
tion or dissemination in said state of pests injurious 
to agriculture. Upon his approval of said list, in 
whole or in part, the Secretary of Agriculture shall 
transmit the same to the. Postmaster General, and 
thereafter all packages containing any plants or plant 
products named in said approved lists shall, upon pay- 
ment of postage therefor, be forwarded by the post- 
master at the destination of said package to the proper 
state official at the nearest place where inspection is 
maintained. If the plant or plant products are found 
upon inspection to be free from injurious pests, or if 
infected shall be disinfected by said official, they shall 
upon payment of postage therefor be returned to the 
postmaster at the place of inspection to be forwarded 
to the person to whom they are addressed; but if 
found to be infected with injurious pests and in- 
capable of satisfactory disinfection the state inspector 
shall so notify the postmaster at the place of inspec- 
tion, who shall promptly notify the sender of said 
plants or plant products that they will be returned to 
him upon his request and at his expense, or in default 
of such request that they will be turned over to the 
state authorities for destruction. (Act of March 4, 
1915.) 

(b) It shall be unlawful for any person, firm, or 
corporation to deposit in the United States mails any 
package containing any plant or plant product ad- 
dressed to any place within a state maintaining in- 
spection thereof, as herein defined, without plainly 



APPENDIX. 119 

marking the package so that its contents may be 
readily ascertained by an inspection of the outside 
thereof. Whoever shall fail to so mark said packages 
shall be punished bv a fine of not more than $100. 
(Act of March 4, 1915.) 

(c) The Postmaster General is hereby authorized Post- 
anal directed to make all needful rules and regulations niaster- 
for carrving out the purposes hereof. (Act of March general 
4, 1915.) author- 

2. When the Secretary of Agriculture furnishes the iZGQ- 
Postmaster General a list of plants and plant products 
subject to terminal inspection under the provisions of Instruc- 
the preceding paragraph, appropriate instructions in tions to 
regard thereto shall be issued to postmasters by the post- 
Third Assistant Postmaster General, Division of masters. 
Classification. 

3. When a package containing plants or plant prod- Method 
ucts subject to terminal inspection is received at the of 
post office of address, the postmaster shall at once inspec- 
notify the addressee of the required amount of post- tion. 
age for forwarding it to the place of inspection and 
return. Upon payment of the required amount, the 
postmaster shall affix to the parcel stamps sufficient to 
cover the postage from his office to the place of in- 
spection, and place in an official envelope, to be attached 

to the parcel and addressed to the postmaster, at the 
place of inspection, the stamps representing the 
amount of postage furnished by the addressee for its 
return. The postmaster shall then indorse on the 
wrapper of the parcel the words, "Forward to 

, for inspection," and 

(Give post office of inspection) 
transmit the parcel to the postmaster at the place of 
inspection. 

4. (a) On receipt of the parcel at the post office of 
inspection the postmaster shall deliver it to the proper 
state official, and if such official shall return it to him 
marked to show that it has been inspected and passed, 
the postmaster shall affix to the parcel the postage fur- 
nished for returning it to the post office of address 
and promptly transmit it to that office. It shall then 
be delivered to the addressee. 

(b) If the state official to whom a parcel containing Disposal 
plants or plant products has been sent for inspection °f 
shall inform the postmaster at the place of inspection diseased 
that such plants or plant products are infected with Plants. 
injurious pests and incapable of satisfactory disinfec- 
tion, the postmaster shall promptly notify the sender 
that the parcel is undeliverable, giving the reason 
therefor together with the name and address of the 
addressee, and stating the amount of postage required 
for its return and that if the postage is not promptly 
furnished the parcel will be turned over to the state 
authorities for destruction. After the sending of such 
notice, the postmaster shall wait the length of time 



120 



APPENDIX. 



Postage. 



Failure 
to 

furnish 
postage. 



prescribed in paragraph 8, section 637, when, if post- 
age be not received by that time, he shall inform the 
state authorities that the parcel may be destroyed by 
them. 

5. When a parcel containing plants or plant prod- 
ucts is returned to the sender or destroyed under the 
provisions of the preceding paragraph, the postage 
stamps representing the amount of postage furnished 
by the addressee for the return of such parcel from 
the post office of inspection to the office of address 
shall be sent by the postmaster at the former office to 
the addressee together with a letter of information as 
to the disposition of the parcel. 

6. If the addressee, after having been notified, as 
prescribed in paragraph 3 of this section, fails to fur- 
nish the required postage for sending the parcel to 
the place of inspection and return, the postmaster 
shall so notify the state inspector at that place and 
advise him of the amount of postage required for 
sending the parcel to him. If such official furnishes 
the postage the postmaster shall, after affixing the 
necessary stamps, indorse on the wrapper of the parcel 
the words "Forward to 

(Give post office of inspection) 
for inspection," together with the words "Postage 
paid -by state," and transmit it to the postmaster at 
the place of inspection. If the state inspector shall 
return the parcel to the postmaster at the point of in- 
spection, marked to show that it has been inspected 
and passed, and having postage properly prepaid, it 
shall be transmitted to the office of address and de- 
livered to addressee. Should the state inspector fail 
to furnish the postage for sending the parcel to him 
for inspection, the parcel shall be treated as other un- 
deliverable fourth-class matter, as prescribed in sec- 
tion 637. 

Daniel C. Roper, 
Acting Postmaster General. 



List of 
inspec- 
tion 
points i 
Cali- 
fornia. 



Revised List of Inspection Places for Plants 
and Plant Products Addressed to Post 
Offices in California. 

Office of Third Ass't P. M. Gen., 

Washington, Sept. 16, 1915. . 
In connection with the instructions to postmasters 
dated May 26, 1915, appearing on page 5 of the June, 
1915, supplement to the Postal Guide, concerning the 
terminal inspection of plants and plant products in the 
state of California, there is given below a revised list 
of the places in that state where such inspection is 
maintained. In each case the place to which a post- 
master in the state of California shall send for in- 
spection, after receiving the required postage therefor, 



APPENDIX. 



121 



one tion 
points in 
Cali- 
fornia. 



under the provisions of section 47B Z A, Postal Laws List of 
and Regulations, a package containing plants or plant inspec 
products subject to terminal inspection, is +hf * r*m*tl 
which is nearest to his office. 

Albion Eureka 

Alturas • Exeter 

Anaheim Farmersville 

Anderson Fillmore 

Angiola Fort Bragg 

Aromas Fontana 

Arroyo Grande Fowler 

Auburn Fresno 

Azusa Glendale 

Bakersfield Glendora 

Banning Goshen 

Bard Grass Valley 

Beaumont Hanford 

Bieber Healdsburg 

Bishop Hemet 

Bloomington Highland 

Blythe Hollister 

Brawley Hopland 

Brynmawr Imperial 

Calexico Indio 

Carpinteria Kelseyville 

Chico Kerman 

Chino Kingsburg 

Claremont Lamanda Park 

Clovis Lancaster 

Coachella Lemon Cove 

College City Lindsay 

Colton Livingston 

Colusa Lodi 

Corning Los Angeles 

Corona McFarland 

Covelo Madeline 

Covina Madera 

Craftonville Manteca 

Cucamonga Martinez 

Cutler Marysville 

Davis Mecca 

Del Rosa Mendocino 

Delano Merced 

Dinuba Modesto 

Downey Monrovia 

Duarte Napa 

Ducor Naranjo 

East Highlands Newman 

Edison Norwalk 

El Centro Oakdale 

Elsinore Oakland 

Escalon Oakley 

Escondido Oceanside 

Etiwanda Ontario 



YZZ 


A 


PPENDIX. 


List of 


Orange 


Santa Maria 


inspec- 


Orosi 


Santa Paula 


tion 


Oroville 


Santa Rosa 


points in 


Oxnard 


Selma 


Cali- 


Pasadena 


South Pasadena 


fornia. 


Paso Robles 


Springville 




Perris 


Stockton 




Pixley 


Saint Helena 




Placerville 


Strathmore 




Point Arena 


Sultana 




Pomona 


Susanville 




Porterville 


Tehachapi 




Red Bluff 


Terra Bella 




Redding 


Thermal 




Redlands 


Tipton 




Reedley 


Tropico 




Rialto 


Tulare 




Richgrove 


Ukiah 




Ripon 


Upland 




Rivera 


Ventura - 




Riverside 


Victorville 




Sacramento 


Visalia 




San Benito 


Wasco 




San Bernardino 


Watsonville 




San Diego 


Whittier 




San Dimas 


Williams 




San Fernando 


Willits 




San Francisco 


Willows 




Sanger 


Winters 




San Jose 


Woodlake 




San Luis Obispo 


Woodland 




San Mateo 


Yettem 




Santa Ana 


Yreka 




Santa Barbara 


Yucaipa 




Santa Cruz 


Yuba City 




Santa Fe Springs 


A. M. Dockery, 
Third Ass't P. M. Gen. 



The following changes have been made in the above 
list: Bieber has been dropped; Fair Oaks and Elk 
Grove have been added. 



INDEX. 



Aceto-arsenite of copper, 99 

Act relating to the 

county commissioner of horticulture, 16 
shipment of injurious insects, 41 
state commissioner of horticulture, 5 

Adulteration of insecticides and fungicides, 
state law, 97 

Ailanthus glandulosa, 53 

Alabama, quarantine order No. 21, 52 

Alameda County 

horticultural officers of, 110 

quarantine order No. 10 against peach borer, 48 

No. 11 against peach borer, 48 
No. 12 against peach borer, 48 

Aleyrodes citri 

quarantine order No. 15, 50 
No. 18, 51 
No. 21, 52 

Aleyrodes mtbifera 

quarantine order No. 15, 50 

No. 18, 51 

No. 21, 52 

Alfalfa weevil 

quarantine order No. 14, 50 
No. 16, 50 
No. 17, 51 
No. 20, 51 
No. 29, 64 

Allamanda neriifolia, 52 

Almond 

quarantine order No. 10, 48 

No. 11, 48 

No. 12, 48 

American Association of Agricultural chemists, 103 
Ampelopsis tricuspidata, 53 
Anastrepha ludens 

quarantine order No. 9, 48 
No. 13, 49 

Animals, injurious, quarantine law relating to, 39 
Annual meeting of county horticultural commissioners, 28 



Page numbers in black type refer to quarantine orders and regula- 
tions still in effect. 



124 index. 

Anthonomus grandis 

quarantine order No. 2, 43 
No. 19, 51 
No. 26, 58 

amendment No. 1, 60 
Apple 

B grade, 83 

C grade, 83 

California fancy grade, 82 

standardization law re packing of, 82 

Apricots, law re packing of, 73 
Appropriation, 

insecticide and fungicid_e act, 106 

standard apple act 1917, 90 

Arizona, 

exempt from provisions of quarantine order No. 28, 63 
regulation re entry of cotton seed from county of 
Maricopa into California, 60 

Arkansas, quarantined, regulation No. 5, peach yellows and 

peach rosette, 70 
Arsenate of lead, law relating to sale and manufacture of, 97 
Arsenic, insecticide and fungicide law, 101, 102 
Arsenic oxide in insecticide and fungicide act, 100 
Arsenious acid as used in insecticide and fungicide law, 100 
Ash, 

Green, S3 

Prickly, 53 

Assistant superintendent, state insectary, 
appointment, 8 
duties, 8 
qualifications, 8 
salary, 8 

Australian wild rabbit, quarantine law relating to, 39 
Automobile tops, inspection of, from Hawaii, 68 
Bacillus phytopthorus, 92 
Baggage, 

inspection of, for fruit fly, 46 

Baldwin spot, 82 
Balling scale, 74 
Banana shrub, 52 
Bananas, 

quarantine order No. 5, Hawaiian Islands, 46 



Page numbers In black type refer to quarantine orders and regula- 
tions still in effect. 



INDEX. 125 

Berries, 

law re packing of, 75 

quarantined, order No. 5, Hawaiian Islands, 46 

Blackleg, 92 

Blanchard scale, 94 

Boll weevil (see cotton boll weevil) 

Boston ivy, 53 

Bruises on apples, 82 

Bulk, definition of, 72 

Bull thistle, law relating to, 96 

Butte County, horticultural officers of, 110 

Canada, 

Ontario, quarantined, regulation No. 5, peach yellows 
and peach rosette, 70 

thistle, law relating to, 96 

Canker, citrus, quarantine order No. 28, 62 
Cape jessamine, 53 
Cerasus sp., 53 

Ceratitis capitata, quarantine order No. 5, 45, 46 
Cereal straw, from Idaho, Wyoming and Utah, 
quarantine against, 64 

Certificate, potato act, 93 

Chemists, American Association of Agricultural, 103 

Cherries, law re packing of, 73 

Cherry, 

Portugal, 53 

quarantine order No. 10, peach borer, 48 
No. 11, peach borer, 48 
No. 12, peach borer, 48 

Chestnut, quarantine regulation No. 6, bark disease, 70 
Chief deputy quarantine officer, 

appointment, 7 

duties, 7 

qualifications, 7 

salary, 7 

China berry, 53 
Choisya ternata, 53 
Citron, 53 
Citrus 

canker, quarantine order No. 28, 62 
fruits, 

melanose, quarantine against, 55 

prohibition of entrance into California from other 
states of United States, 62 



Page numbers in black type refer to quarantine orders and regula- 
tions still in effect. 



126 index. 

Citrus — Continued. 

quarantine on, from Mexico, 48 
quarantine order No. 21, 53 
quarantine regulation No. 2, melanose, 68 
white flies, 

quarantine order No. 15, SO 
No. 18, 51 
No. 21, 52 

Civil executive officers, 5, 6 

Clerk, state commissioner of horticulture 

appointment, 6 

salary, 6 

Cnicus arvensis, law relating to, 96 
lanceolatus, 96 

Codlin moth, 16, 22, 24 
Coifea arabica, 53 
Coffee, 53 
Colusa, 

horticultural officers of, 110 

Commissioner of horticulture, 

county (see county commissioner of horticulture) 
state (see state commissioner of horticulture) 

Connecticut, quarantined, regulation No. 5, peach yellows and 
peach rosette, 70 

Container, 

raisin act, 95 
standard, defined, 73 

Contra Costa, horticultural officers of, 110 
Copper, aceto-arsenite of, 99 
Cornichon grape, 74 
Cotton boll weevil, 

amendment No. 1, quarantine order No. 26, 60 
quarantine order No. 2, 43 
No. 19, 51 
No. 26, 58 

Cotton seed, 

Egyptian, regulations re importation into California, 60 
quarantine order No. 26, 58 

County, defined in standardization law, 73 
board of horticultural commissioners, 21 
board of supervisors (see supervisors) 



Page numbers in black type refer to quarantine orders and regula- 
tions still in effect. 



iijdex. 127 

County — Continued. 

horticultural commissioner, 9, 14 

act relating to, 16 

as quarantine guardian, 10, 27 

deputy, 27 

duties of, 12, 22 

list of, 110 

eligibles for office, 17, 21 

notices of examination for position of, 19 

office and expenses, 18 

petition for, 16 

powers of, 27 

proceeding against ground squirrels, 17 

record, 28 

reports, 28 

term of office, 17 

vacancy in office of, 20' 
horticultural quarantine ordinances, 33 

Crape myrtle, 53 

Crate, fruit, standard, law re, 75 
Cucumbers, quarantine order No. 4, against, from 
Hawaiian Islands, 44, 45 

Currants, quarantine order No. 30, against, 66 
Dacus cucurbitae, quarantine order No. 4, 44, 45 
Date palm law, 94 

Dean, college of agriculture, U. of C, member state board of 
horticultural examiners, 18 

Delaware, quarantined, regulation No. 5, peach yellows and 
peach rosette, 70 

Deputy 

county horticultural commissioner, 
appointment, 27 
salary, 27 

quarantine officers, 
appointment, 7 
duties, 7 
qualifications, 7 
salary, 7 

state commissioner of horticulture, 
appointment, 6 
duties, 6 
qualifications, 6 
salary, 6 

temporary, state commissioner of horticulture, 18 



Page numbers in black type refer to quarantine orders and regula- 
tions still in effect. 



128 



INDEX. 



Devilwood, 53 
Diospyros kaki, 53 
virginiana, 53 

Director, agricultural experiment station, U. of C, 
duties of insecticide and fungicide act, 98, 104 
to make analyses of insecticides and fungicides, 98 

District attorney 

act re county commissioner of horticulture, 26 
fresh fruit standardization law, 80 
insecticide and fungicide law, 98 
standard apple act 1917, 90 

Felworm, potato, 92 

quarantine order No. 6, 47 

No. 7, 47 

No. 25, 57 

Fl Dorado County, horticultural officers of, 110 

Emperor grape,' 74 

Endothia parasitica, quarantine regulation No. 6, 70 

English ivy, 53 

Examiners (see state board of horticultural examiners) 

Ficus macrophylla, 53 

Field deputies, state commissioner of horticulture, 

appointment, 6 

duties, 6 

qualifications, 6 

salary, 6 

Field deputy, state insectary, 
appointment, 8 
duties, 8 
qualifications, 8 
salary, 8 

Florida 

quarantine order No. 1, white fly, 43 

No. 15, white fly, 50 

No. 18, white fly, 51 

No. 21, white fly, 52 

No. 23, melanose, 55 
regulation No. 5, peach yellows and peach rosette, 70 

Fox, flying, state quarantine on, 39 
Fraximis lanceolata, 53 

Fresno County, horticultural officers of, 111 
Frost bite, 83 



Page numbers In black type refer to quarantine orders and regula- 
tions still in effect. 



INDEX. 129 

Fruit, 

citrus, melanose quarantine, 55 

quarantined from other states, 62 

quarantine regulation No. 2, 68 
fly, quarantine law relating to hosts of, 38 
fresh, definition of, 73 

standardization law, 72 

prohibited from Florida and Gulf states, 50, 51 
quarantined from Hawaiian Islands, order No. 5, 45, 46 

Fumigator, licensing of, 27 
Fungicides, law relating to, 97 
Fusarium oxysporum, 93 
Gardenia florida, 53 
jasminoideSj 53 

Georgia, quarantine order No. 15, white flies, 50 

No. 18, white flies, 51 
No. 21, white flies, 52 

Glenn County, horticultural officers of, 111 
Gooseberries, quarantine order No. 30, against, 66 
Gophers, 16 
Grape 

Cornichon, 74 

Emperor, 74 

Gros Coleman, 74 

law re packing of, 74 

Grapefruit, 53 

Gros Coleman grape, 74 

Ground squirrels, 16 

Guarantee of compliance with standard apple act, 1917, 89 

Guardians, quarantine, 10, 27 

Guavas, quarantine on, from Mexico, 48, 49 

Hawaiian Islands, 

inspection of automobile tops from, 68 

quarantine order No. 4, 44, 45 

No. 5, prohibiting fruit from, 45, 46 

Hay, quarantined against from Idaho, Wyoming and Utah, 64 
Hedera helix, 53 

Heterodera radicicola, quarantine order No. 25, 57, 92 ■ 
Humboldt County, horticultural officers of, 11,1 
Idaho, quarantine order No. 14, alfalfa weevil, 50 
No. 16, alfalfa weevil, 50 
No. 17, alfalfa weevil, 51 
No. 20, alfalfa weevil, 51 
No. 29, alfalfa weevil, 64 



Page numbers In black type refer to quarantine orders and regula- 
tions still in effect. 
9—31789 



130 INDEX. 

Illinois, quarantined, regulation No. 5, peach yellows, peach 
rosette, 70 

Imperial County, horticultural officers of, 111 
Indiana, quarantined, regulation No. 5, peach yellows, peach 
rosette, 70 

Insectary (see state insectary) 
Insecticide and fungicide law, 97 
Insect pests 

act, county commissioner of horticulture, 16 
relating to shipment of, 41 
standardization law, 82 
state commissioner of horticulture, 5 
state quarantine iaw, 34 

Inspection, 

plant products sent through mails, 119 

points in California, plant products sent through mails, 121 

potato fields under seed potato act, 92 

Inspectors, 

certified seed potato act, 91 
county horticultural, 
list of, 110 
salary of, 29 

fruit, 80 

standard apple act, 1917, 86, 87 

Inyo County, horticultural officers of, 111 
Ivy, Boston, 53 
English, 53 

Jasminum odoratissimum, 53 
fruticans, 53 

Jessamine, Cape, 53 
yellow, 53 

Johnson grass, 16, 23, 24 

act relating to propagation of, 96 

Kentucky, quarantined, regulation No. 5, peach yellows and 
peach rosette, 70 

Kern County, horticultural officers of, 111 

Kings County, horticultural officers of, 111 

Kumquat, 53 

Labeling, containers apple act, 84 

Lake County, horticultural officers of, 111 

Lassen County, horticultural officers of, 111 



Page numbers in black type refer to quarantine orders and regula- 
tions still in effect. 



INDEX. 131 

Laurel, cherry, 53 

Laurestinus, 53 

Lead, arsenate of, law relating to sale and manufacture of, 97 

Lemon, 53 

License 

fumigators and sprayers, 27 

nurserymen, 14 

Lien, secured by county horticultural commissioners, 25 
Ligustrutn amurense, 53 
sp., 53 

Lime, sweet, quarantine order No. 13, 49 

Lilac, 53 

Los Angeles County, horticultural officers of, 112 

Lousiana, quarantine order No. 5, white fly, 43 

No. 18, white fly, 51 
No. 21, white fly, 52 

Lug boxes, 74 
Madura aurantiaca, 53 

Madera County, horticultural officers of, 112 
Magnolia fuscata, 52 
Mango, quarantine order No. 13, 49 
Marin County, horticultural officers of, 112 
Marlatt scale, 94 

Maryland, quarantined, regulation No. 5, peach yellows and 
peach rosette, 70 

Massachusetts, quarantined, regulation No. 5, peach yellows 
and peach rosette, 70 

Maturity, definition of, 73 
Mediterranean fruit fly 

quarantine order No. 5, 45, 46 

regulation No. 3, inspection of automobile tops, 68 

Melanose, quarantine order No. 23, 55 
Melia azedarach, 53 

var. umbraculiformis, 53 

Melon fly, quarantine order No. 4, 44, 45 

No. 5, 45 

Mendocino County, horticultural officers of, 113 
Merced County, horticultural officers of, 113 
Mexican cotton boll weevil (see cotton boll weevil) 
orange, 53 

fly, quarantine order No. 9, against, 48 
No. 13, against, 49 



Page numbers in black type refer to Quarantine orders and regula- 
tions still in effect. 



132 INDEX. 

Michigan, quarantined, regulation No. 5, peach yellows and 
peach rosette, 70 

Misbranding insecticides and fungicides, 97 
Mississippi, 

quarantine order No. 21, 52 

regulation No. 5, peach yellows and peach rosette, 70 

Mock olive, 53 

Modoc County, horticultural officers of, 113 
Mongoose, state quarantine on, 39 
Monterey County, horticultural officers of, 113 
Muskmelons, quarantine order No. 4, against, from Hawaiian 
Islands, 45 

Myrtle, crape, 53 
Myrtus communis, 53 
lager straemia, 53 

Napa County, horticultural officers of, 113 
Nectarine, quarantine order No. 10, 48 

No. 11, 48 

No. 12, 48 

Nevada, quarantine order No. 6, against eelworm, 47 

No. 7, against eelworm, 47 
No. 25, against eelworm, 57 
regulation No. 5, peach yellows and peach rosette, 70 

Nevada County, horticultural officers of, 113 
New Jersey, quarantined, regulation No. 5, peach yellows and 
peach rosette, 70 

New York, quarantined, regulation No. 5, peach yellows and 
peach rosette, 70 

North Carolina 

quarantine order No. 15, 50 
No. 18, 51 
No. 21, 52 

regulation No. 5, peach yellows and peach rosette, 70 

Nurserymen, 

licensing of by state commissioner of horticulture, 14 
registration of with state commissioner of hrrticulture, 14 

Nursery stock, 

act re sale of under false name, 108 
disposal of diseased, 30, 31 

inspection of, under act relating to the county commis- 
sioner of horticulture, 22, 29 



Page numbers in black type refer to Quarantine orders and regula- 
tions still in effect 



index. 133 

Nursery stock — Continued. 

interstate shipment of, 15 

labeling of, in act relating to county commissioner of 
horticulture, 30 

permit to ship into California, 15 
prohibition of, from Florida, 55 

Gulf states, 50, 51, 52 

into California, 52, 55, 62, 66, 69 

proper naming of, 107 

regulations re shipment from Utah, Idaho and Wyoming 
into California, 65 
into Santa Clara, Alameda, Santa Cruz and San 
Mateo counties, 48 
state law regulating the importation of, 34 
Tulare County, quarantine order No. 3, 43 

No. 8, 47 
No. 22, 55 
No. 24, 57 
No. 27, 61 
U. S. law re shipment of through mails, 119 

Oak, water, 53 

Ohio, quarantined, regulation No. 5, peach yellows, peach 
rosette, 70 

Olive, mock, 53 
wild, 53_ 

Onopordon acanthium, law relating to, 96 
Oospora scabies, 92 
Orange, 53 

County, horticultural officers of, 113 

fly, quarantine order No. 13, 49 

Mexican, 53 

osage, 53 

Orders, quarantine, 43 (see quarantine orders) 
Osage orange, 53 
Osmanthus americanus, 53 
Packing, 

act relating to apple, 82 

fresh fruits, 72 

raisins, 95 

Parcel post, 

inspection of plant products sent through, 119 

Paris green 

law relating to sale and manufacture of, 97 



Page numbers in black type refer to Quarantine orders and regula- 
tions still in effect. 



134 INDEX. 

Parlatoria blanchardii, 94 
Peach, 

law re packing of, 73 

quarantine order No. 10, peach borer, 48 
No. 11, peach borer, 48 
No. 12, peach borer, 48 

rosette and yellows, 

quarantine law relating to, 39 
regulation No. 1, 67 
No. 4, 67 
No. 5, 69 

tree borer, quarantine order No. 11, 48 
No. 12, repealing previous orders, 48 

yellows, quarantine regulation No. 1, 67 

No. 4, 69 
No. 5, 69 
Pear, 53 

law re packing of, 73 

Penalty 

act relating to 

county commissioner of horticulture, 33 

packing of raisins, 95 

propagation of Johnson grass, 97 

proper naming of nursery stock, 107 

selling trees under false name, 108 

shipment of injurious insects, 42 

state commissioner of horticulture, 15 
date palm law, 94 
fresh fruit standardization law, 81 
insecticide and fungicide law, 97 
seed potato act, 93 
standard apple act, 1917, 88 
state quarantine law, 39 

Pennsylvania, quarantined, regulation No. 5, peach yellows 
and peach rosette, 70 

Peridermium strobi, quarantine order No. 30, 66 
Permits to ship nursery stock, 14 
Persimmon, Japanese, 53 
wild, 53 

Phoemicoccus, marlatti, 94 
Phthorimoea operculella, 92 



Page numbers in black type refer to quarantine orders and regula- 
tions still in effect. 



INDEX. 135 

Phytonomus posticus (alfalfa weevil) 
quarantine order No. 14, 50 
No. 16, 50 
No. 17, 51 
No. 20, 51 
No. 29, 64 

Phytophthora infestans, 92 
Pineapples 

permitted to enter California, 46 

quarantine order No. 5, Hawaiian Islands, 45, 46 

Pine, white, blister rust, quarantine order No. 30, 66 
Pines, five-leafed, quarantine order No. 30, 66 
Placer County, horticultural, officers of, 113 
Plants, U. S. law re shipment of through mails, 118 
Plums, law re packing of, 73 
Pomegranate, 53 

Porto Rico, quarantine order No. 23, melanose, 55 
Postmaster general, order of re terminal inspection of plant 
products, 119 

Potato 

certified seed act, 91 
eelworm, 92 

quarantine order No. 6, Nevada, 47 
No. 7, Nevada, 47 
No. 25, 57 
powdery scab, 92 
regulations re shipment from Idaho, Wyoming and Utah 

into California, 64 
scab, 92 
tuber moth, 92 
wart disease, 92 
wilt, 93 

Powdery scab, 92 
Printing, 13 
Privet, California, 53 
golden, 53 

Prunes, law re packing of, 73 
Prunus caroliniana, 53 
laurocerasus, 53 

Pseudomonas citri, quarantine order No. 28, 62 

Publication of analyses under insecticide and fungicide act, 106 

Publications, state commissioner of horticulture, 9 

Punica granatum, 53 

Pyrus sp., 53 



Page numbers in black type refer to quarantine orders and regula- 
tions still in effect. 



136 INDEX. 

Quarantine 

division, 6 

guardian, 10, 12, 27, 35 

duties of, 12 
officers, 

chief deputy state commissioner of horticulture, 7 

deputy, 7 
orders, 43 

No. 1, white fly, 43 • 

No. 2, cotton boll weevil, 43 

No. 3, nursery stock into Tulare County, 43 

No. 4, melon fly, 44, 45 

No. 5, Mediterranean fruit fly, 45, 46 

No. 6, potato eelworm, 47 

No. 7, potato eelworm, 47 

No. 8, nursery stock into Tulare County, 47 

No. 9, Mexican orange fly, 48 

No. 10, peach borer, 48 

No. 11, peach borer, 48 

No. 12, peach borer, 48 

No. 13, Mexican orange fly, 48, 49 

No. 14, alfalfa weevil, 50 

No. 15, white fly, 50 

No. 16, alfalfa weevil, 50 

No. 17, alfalfa weevil, 51 

No. 18, white flies, 51 

No. 19, alfalfa weevil, 51 

No. 20, alfalfa weevil, 51 

No. 21, white flies, 52 

No. 22, nursery stock into Tulare County, 55 

No. 23, melanose of citrus fruits, 55 

No. 24, nursery stock into Tulare County, 57 

No. 25, potato eelworm, 57 

No. 26, Mexican cotton boll weevil, 58 

No. 27, nursery stock into Tulare County, 61 

No. 28, citrus canker, 62 

No. 29, alfalfa weevil, 64 

No. 30, white pine blister rust, 66 
regulations, 10 

No. 1, peach and peach rosette, 67 

No. 2, melanose, 68 

No. 3, Mediterranean fruit fly, 68 

No. 4, peach yellows, peach rosette, 69 

No. 5, peach yellows, peach rosette, 69 

No. 6, chestnut bark disease, 70 
state horticultural officers, 9 
state law, 34 



Page numbers in black type refer to Quarantine orders and regula- 
tions still in effect. 



INDEX. 137 

Quercus aquatica, 53 

Quinces, law re packing, 73 

Rabbits, state quarantine on, 39 

Raisins, act relating to the packing and sale of, 95 

Red rice, 16, 23, 24 

Registration of nurserymen, 14 

Regulations, 

quarantine, 10 (see quarantine regulations) 
re importation of emigrant movables, agricultural, from 
Idaho, Wyoming and Utah, 65 

Reports, 

county commissioner of horticulture, 29 
state commissioner of horticulture, 14 

Rhizoctonia, 92 

Rhode Island, quarantined, regulation No. 5, peach yellows 
and peach rosette, 70 

Ribes, quarantine order No. 30, against, 66 
Rice, 23, 24 
fields, 16 

Riverside County, horticultural officers of, 114 
Root crops, quarantine order No. 5, from Hawaiian Islands, 46 
Rot, dry, 82 

Russian thistle, 16, 23, 24 
law relating to, 96 

Rust, white pine blister, quarantine order No. 30, 66 
Sacramento County, horticultural officers of, 114 
Salsola kali, 16 

law relating to, 96 

Saltwort (see Russian thistle) 
San Benito County, horticultural officers of, 114 
San Bernardino County, horticultural officers of, 114 
San Diego County, horticultural officers of, 115 
San Francisco County, horticultural officers of, 115 
San Joaquin County, horticultural officers of, 115 
San Luis Obispo County, horticultural officers of, 115 
San Mateo County, 

horticultural officers of, 115 

quarantine order No. 10, against peach borer, 48 
No. 11, against peach borer, 48 
No. 12, against peach borer, 48 

Sanninoidea pacffica, quarantine order No. 10, 48 

No. 11, 48 
No. 12, 48 



Page numbers in black type refer to quarantine orders and regula- 
tions still in effect. 



138 index. 

Santa Barbara County, horticultural officers of, 115 
Santa Clara County, 

horticultural officers of, 115 

quarantine order No. 10, 48 
No. 11, 48 

Santa Cruz County, 

horticultural officers of, 116 
quarantine order No. 10, peach borer, 48 
No. 11, peach borer, 48 
No. 12, peach borer, 48 

Scald, sun, 83 

Scotch thistle, law relating to, 96 

Secretary, state commissioner of horticulture, 

appointment, 6 

duties, 6 

salary, 6 

Seed-pods, quarantined from Hawaiian Islands, order No. 5, 46 

Seed potato, act relating to, 91 

Shasta County, horticultural officers of, 116 

Siskiyou County, horticultural officers of, 116 

Stnilax sp., 53 

Sonoma County, horticultural officers of, 116 

Sorghum halepense, 16 

act relating to propagation of, 96 

South Carolina, quarantine order No. 15, white fly, 50 

No. 18, white fly, 51 
No. 21, 52 
Spongospora solani, 92 
Sprayer, licensing of, 27 
Squirrels, ground, 16 
Stamp used in apple act, 85 
Standard containers for grapes, 25 
Standardization 

apple law, 82 

law re fresh fruit packing, 72 

Stanislaus County, horticultural officers of, 116 
State 

board of horticultural examiners, 18, 27 
creation of, 18 
duties, 19 
expenses, 19 
members of, 18, 110 
commission of horticulture, personnel of, 109 
commissioner of horticulture, 



Page numbers in black type refer to quarantine orders and regula- 
tions still in effect. 



index. 139 

State — Continued. 

act relating to, 5 
appointees, 5 
appointment of, 5 

calling annual meeting of county horticultural com- 
missioners, 28 
duties of, 8 

ex officio county commissioner of horticulture, 13 
member state board of horticultural examiners, 18 
reports of, 14 
salary, 5 
to issue commissions as quarantine guardians, 27 

descriptions of insects, etc., to county horticul- 
tural commissioners, 32 
insectary, 8 

assistant superintendent, 8 
division, 8 
field deputy, 8 
superintendent, 8 

appointment, 8 

duties, 8 

member state board of horticultural examiners, 18 

qualifications, 8 

salary, 8 

quarantine law, 34 

Subcontainer, defined, 73 
Sun scald, 83 

Superintendent of state printing, 13 
Supervisors, county board of, 16 
Sutter County, horticultural officers of, 116 
Synchitrium endobioticum, 92 
Syringa vulgaris, 53 
Tangerine, 53 
Tecoma radicans, 53 

Tehama County, horticultural officers of, 116 
Tennessee, quarantined, regulation No. 5, peach yellows and 
peach, rosette, 70 

Texas, quarantine order No. 21, 52 
Thistle, 

Bull, 96 

Canada, 96 

Russian, 96 

Scotch, 96 



Page numbers in black type refer to quarantine orders and regula- 
tions still in effect. 



140 INDEX. 

Tomatoes, 

law re packing of, 73 
quarantine order No. 4, 

against, from Hawaiian. Islands, 44, 45 . 
No. 15, 50 

Tree of Heaven, 53 

Trumpet vine, 53 

Trypeta ludens (see Mexican orange fly) 

Trypetidae, quarantine law relating to, 38 

Tuber moth, 92 

Tulare County, 

horticultural officers of, 116 

quarantine orders re shipment of nursery stock into, 

No. 3, 43 

No. 8, 47 

No. -22, 55 

No. 24, 57 

No. 27, 61 

Umbrella, Texas, 53 

United States Department of Agriculture, 59, 62, 102 

Utah, quarantine order No. 14, alfalfa weevil, 50 

• No. 16, alfalfa weevil, 50 

No. 17, alfalfa weevil, 51 

No. 20, alfalfa weevil, 51 

No. 29, alfalfa weevil, 64 

Vegetables, 

prohibited from Florida and Gulf states, quarantine order 
No. 15, 50, 51 

quarantined from Hawaiian Islands, order No. 5, 45, 46 

Ventura County, horticultural officers of, 116 
Verticillium alboatrum, 93 
Viburnum tinus, 53 

Virginia, quarantined, regulation No. 5, peach yellows and 
peach rosette, 70 

Water-grass, 16, 23, 24 

Watermelons, quarantine order No. 4, against, from Hawaiian 
Islands, 44, 45 

Weeds 

in act relating to the county commissioner of horti- 
culture, 16 
Johnson grass, 16, 23, 24, 96 
red rice, 16 23, 24 
Russian thistle, 16, 23, 24 
water-grass, 16, 23, 24 



Page numbers in black type refer to quarantine orders and regula- 
tions still in effect. 



INDEX. 141 

Weevil, alfalfa (see alfalfa weevil) 

cotton boll (see cotton boll weevil) 

West Virginia, quarantined, regulation No. 5, peach yellows 
and peach rosette, 70 

White flies, quarantine order No. IS, 51 

No. 18, 51 
No. 21, 52 

White pine blister rust, quarantine order No. 30, 66 
Wyoming, quarantine order No. 14, alfalfa weevil, 50 

No. 16, alfalfa weevil, 50 
No. 17, alfalfa weevil, 51 
No. 20, alfalfa weevil, 51 
No. 29, 64 

Xanthoxylum clava-herculis, 53 

Yolo County, horticultural officers of, 116 

Yuba County, horticultural officers of, 116 



Page numbers in black type refer to Quarantine orders and regula- 
tions still In effect. 




LIBRARY OF CONGRESS 





00003211760 



